Defendant was arrested for breaking or entering after he was found inside a warehouse whose alarm he had triggered. Pre-trial, the trial court denied defendant’s motion to dismiss for insufficient evidence. Defendant was tried and found guilty and sentenced to ...
Tagged with: Breaking or Entering
Read More »Defendant’s motion to dismiss for insufficient evidence of intent to commit larceny was correctly denied where the state’s evidence supported a theory that defendant broke into the vehicle to search for valuables and retreated when he was caught by officers. ...
Tagged with: Breaking or Entering
Read More »State v. Mitchell (Lawyers Weekly No. 14-07-0574, 13 pp.) (Martha Geer, J.) Appealed from Nash County Superior Court (Marvin Blount III, J.) N.C. App. Holding: Even though the indictment alleged that defendant broke and entered a motor vehicle, the trial ...
Tagged with: Breaking or Entering
Read More »State v. Watkins Where the state showed only that the butt of a shotgun entered the victim’s home as it broke a window - after which defendant heard the victim inside the home and ran away - the state failed to show the “entry” required to convict defendant of first-degree burglary. However, in convicting defendant of burglary, the jury necessarily found all the elements of felonious breaking or entering.
Tagged with: Breaking or Entering Burglary Criminal Practice restitution robbery
Read More »State v. McNeil. (Lawyers Weekly No. 11-07-0228, 21 pp.) (Ann Marie Calabria, J.) Appealed from Sampson County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Click here for the full text of the opinion. Holding Where the indictment for ...
Tagged with: Breaking or Entering Criminal Practice Indictment Sampson County
Read More »State v. Clark. (Lawyers Weekly No. 10-07-1169, 14 pp.) (Ann Marie Calabria, J.) Appealed from Rockingham County Superior Court. (Edwin G. Wilson Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant is ...
Tagged with: Breaking or Entering Criminal Practice first impression motor vehicle Rockingham County
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North Carolina Lawyers Weekly
