State v. Cox

Greensboro police officers recovered a firearm ten to twelve feet from a car in which Defendant, a convicted felon, was a passenger. Defendant was arrested and later confessed that the firearm belonged to him. After a jury trial, Defendant was convicted of possession of a controlled substance and possession of a firearm by a felon. The court of appeals reversed, concluding that the trial court erred by denying Defendant's motion to dismiss the charge of possession of a firearm by a felon because, pursuant to the corpus delicti rule, the State did not present corroborative evidence, independent of Defendant's confession, tending to show that the crime in question occurred. The Supreme Court reversed, holding that, under the State v. Parker articulation of the corpus delicti rule, the State was not required to submit alternative evidence proving Defendant's identity as the perpetrator beyond Defendant's confession, and therefore, the evidence was sufficient for the State to survive Defendant's motion to dismiss the charge of possession of a firearm by a felon. View "State v. Cox" on Justia Law