Criminal Practice – Possession of Stolen Goods – Unauthorized Use of a Motor Vehicle – Not Lesser Included Offense

Criminal Practice – Possession of Stolen Goods – Unauthorized Use of a Motor Vehicle – Not Lesser Included Offense (access required)

State v. Nickerson An essential element of the offense of unauthorized use of a motor vehicle is that the property at issue be a “motor-propelled conveyance.” In order to prove possession of stolen goods, the state need not prove that defendant had a “motor-propelled conveyance”; rather the state need only prove that the property in defendant’s possession is any type of personal property. As such, unauthorized use of a motor vehicle has an essential element not found in the definition of possession of stolen goods. Therefore, unauthorized use of a motor vehicle is not a lesser included offense of possession of stolen goods.

Login required


You have clicked on a link to information that is exclusive to NC Lawyers Weekly subscribers.

	Email Address: Password:	Already a paid subscriber but not registered for online access yet? For instructions on how to get premium web access, click here. Forgot Password?

Interested in Subscribing?

Start by choosing how you'd like your news delivered.

- Print and Digital -

- Digital Only -

Try North Carolina Lawyers Weekly for a month
for only $39 AND get a free whitepaper:

Exit strategy: a solo and
small-firm lawyer's guide to
the how and when of retirement

Click here to subscribe now.

POST A COMMENT

Comments are closed.

Most Important Opinions

Criminal Practice – Right to Remain Silent – State’s Evidence – Right to Plead Not Guilty (access required)

State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.

Criminal Practice – Attempted Larceny – Completed Offense – Jury Instructions – Injury to Personal Property (access required)

State v. Primus Even though the list of the elements of attempted felonious larceny set out in State v. Weaver, 123 N.C. App. 276, 473 S.E.2d 362 (1996), included “falling short of the completed offense,” and even though the state proved that defendant completed the offense of felonious larceny, this does not require the conclusion that proof of the completed offense disproves the attempt to commit. The completed commission of a crime must of necessity include an attempt to commit the crime.

Criminal Practice – Murder – Evidence – Eyewitness – Lesser Included Offense (access required)

State v. Ingram though one of the eyewitnesses was only 10 years old at the time of the shooting, the credibility of the witness’s identification of defendant was a question for the jury.