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Tag Archives: Breaking or Entering

Criminal Practice – Burglary – ‘Entry’ – Breaking or Entering – Robbery – Show-Up ID – Restitution (access required)

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.

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Criminal Practice – Felonious Larceny – Indictment – Ownership – Insufficient Allegations – Breaking or Entering – Possession of a Firearm by a Felon (access required)

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 ...

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Criminal Practice – Breaking or Entering – Motor Vehicle – Intent to Commit Felony – Theft of Vehicle – First Impression (access required)

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 ...

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