State v. Strange, 829SC3
| Decision Date | 07 September 1982 |
| Docket Number | No. 829SC3,829SC3 |
| Citation | 294 S.E.2d 403,58 N.C.App. 756 |
| Parties | STATE of North Carolina v. Larry Dean STRANGE. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Kaye R. Webb, Raleigh, for the State.
Dimmock, Reagan & Dodd by L. Michael Dodd, Creedmoor, for defendant-appellant.
Defendant has failed to note any exceptions in either the record or the transcript. In his brief defendant does not refer to either assignments of error or exceptions. Thus, defendant presents no question for review. Nevertheless, we have carefully reviewed the contentions made by the defendant in his brief and we have also carefully reviewed the record in light of defendant's arguments and find that the defendant had a fair trial free from prejudicial error in the case wherein he was charged with felonious breaking or entering and felonious larceny of an air compressor, Case No. 81CRS2536.
This Court, however, ex mero moto, arrests judgment in the case where the defendant was charged and found guilty of the larceny of a barbeque cooker "the personal property of Granville County Law Enforcement Association, ..." a misdemeanor, because this bill of indictment is fatally defective since it fails to charge the defendant with the larceny of the cooker from a legal entity capable of owning property. See State v. Roberts, 14 N.C.App. 648, 188 S.E.2d 610 (1972); State v. Thornton, 251 N.C. 658, 111 S.E.2d 901 (1960); and State v. Biller, 252 N.C. 783, 114 S.E.2d 659 (1960).
The result is: in Case No. 81CRS2483, larceny of the barbeque cooker, judgment must be arrested. In Case No. 81CRS2536, breaking or entering and larceny of the air compressor, no error.
Judgment arrested in part; no error in part.
To continue reading
Request your trial
-
State v. Woody
...a corporation." Id. at 662, 111 S.E.2d at 903 (citing Nickles v. State, 86 Ga.App. 290, 71 S.E.2d 578 (1952)); see also State v. Strange, 58 N.C.App. 756, 294 S.E.2d 403, disc. review denied, 307 N.C. 128, 297 S.E.2d 403 (1982) (holding an indictment for larceny from "Granville County Law E......
-
State v. Price
...David J. Adinolfi II, for the State. Bryan Gates, Jr., Winston-Salem, for defendant-appellant. WYNN, Judge. In State v. Strange, 58 N.C.App. 756, 757, 294 S.E.2d 403, 404 (1982) this Court found an indictment for larceny fatally defective because the words "Granville County Law Enforcement ......
-
State v. Ellis
...to show that “NCSU High Voltage Distribution” is a legal entity capable of owning property. See also State v. Strange, 58 N.C.App. 756, 757, 294 S.E.2d 403, 404 (1982) (holding indictment for larceny naming owner as “Granville County Law Enforcement Association” was fatally defective).Becau......
- Jones v. Collins