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Tag Archives: Burglary

Criminal Practice – Burglary – Nighttime – Judicial Notice – Doctrine of Recent Possession (access required)

State v. Brown Even though there were a few minutes of light between the time the victim went to bed in Mebane (after dark) and the next morning when defendant’s girlfriend saw defendant enter her Durham apartment carrying bags of items stolen from the victim’s home, the state sufficiently proved that defendant stole the items during the nighttime. Defendant could not have stolen the items in Mebane and driven the 27 miles to Durham in the 13 minutes between the beginning of twilight (5:47 a.m.) and 6:00 a.m., when defendant’s girlfriend saw him enter her apartment.

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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 – Evidence – Defendant’s Statement – Against Penal Interest – Burglary – Indictment – Armed Robbery (access required)

State v. Speight One of the police officers who helped arrest defendant testified that, when defendant was told of the charges against him, he responded, “Man, I’m a B and E guy.” Defendant’s statement may be viewed as a statement against penal interest under N.C. R. Evid. 804(b)(3).

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Criminal Practice – Burglary – Acting in Concert – Completed Role – No Withdrawal – Jury Instructions – ‘Not Guilty’ Choice (access required)

State v. Wright. (Lawyers Weekly No. 11-07-0349, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court. (Cressie Thigpen Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant expressed ...

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