Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Northington, 230 N.C. App. 575 (Nov. 19, 2013)
Evidence of missing items after a breaking or entering can be sufficient to prove the defendant’s intent to commit a larceny therein, raising the offense to a felony. When such evidence is presented, the trial court need not instruct on the lesser offense of misdemeanor breaking or entering.