Appeal by defendant from Small, Judge. Judgments entered 11 December 1980 in Superior Court, Wayne County. Heard in the Court of Appeals 20 October 1981.
Whichard, Judge. Judge Hill concurs. Judge Vaughn concurs in part and dissents in part.
Defendant was indicted and tried on charges of felonious breaking or entering, felonious larceny, and felonious possession of stolen goods.
The State's evidence tended to show that sometime between 3 July 1980 and 7 July 1980 the home of Mildred Smith Maxwell was broken and entered. Numerous pieces of silver valued at more than $400 were taken from the house. Several of the stolen silver items were located on 8 July 1980 at a local coin shop. The coin shop proprietor testified that two young men, whom she
later identified as Mike Nance and Craig Carter, had come into her shop on 7 July 1980 and attempted to sell the silver. She did not purchase the silver the first time they came in because neither young man had brought identification. The two returned later that day with defendant, and Nance used defendant's identification to sell the silver. Nance told the proprietor he had inherited the silver from his grandmother and needed to sell it to have a ring made. The proprietor paid for the silver with a check which she made payable to defendant because she used defendant's identification. Defendant signed a receipt for the silver.
A bank teller testified that three young men, identified in court as Mike Nance, Craig Carter, and defendant, came into the bank to cash the coin shop check. Nance presented the check and received the cash; defendant and Craig Carter "had backed off" from the teller's window.
An investigating officer testified that after locating the silver at the coin shop he arrested defendant and his brother and took them to police headquarters. The officer read Miranda warnings to the two. Defendant stated that he could tell the officer where some of the silver was, but that he wished to talk with his brother first. After talking with his brother for about two minutes, defendant made a statement that he would take the officer to some of the silver. He also told the officer that Nance had come to him and said he had some silver and needed someone with identification to sell it because he had no identification. Nance offered defendant $100 to sell the silver for him. Defendant took the officer to some of the stolen silver. When they were back at police headquarters the officer told defendant that some silver was still missing and asked for his help in recovering it. The following day defendant and his brother brought some silver to the officer. The officer testified that of the 21 identifiable fingerprints found on the silver 14 were positively identified as belonging to either Mike Nance or Craig Carter. The other seven prints were not identified, but none of them matched defendant's fingerprints.
Defendant called Edward Spence, an employee of Talton Jewelers, who testified that Craig Carter and Mike Nance had come to his store to sell silver and that defendant was not with them. Spence did not purchase any silver.
George Thomas Fields testified for defendant that on or about 6 July 1980 he accompanied Mike Nance and Craig Carter to a house and helped them steal some silver. Nance and Craig Carter had told Fields they had been to the house before and stolen some silver. Fields stated that defendant was first shown the silver the afternoon of 7 July 1980 when Nance told defendant he had inherited it from his grandmother. Fields stated that he gave about one-third of the stolen silver to defendant the night of the day defendant was arrested. Fields had not been charged with any offense relating to the breaking or entering and larceny.
Helen Grady testified that defendant and his brother lived with her because their mother had left them. Defendant was at her home the evening of 6 July 1980. Early that evening he played cards with her son. Defendant had been sick and was taking medication. He ...