Home/Court of Appeals of North Carolina/State v. Elliott

State v. Elliott

205 S.E.2d 106, 21 N.C. App. 555, 1974 N.C. App. LEXIS 1873
CourtCourt of Appeals of North Carolina
DecidedMay 15, 1974
Docket7420SC253
StatusPublished
Cited by3 cases

This text of 205 S.E.2d 106 (State v. Elliott) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Elliott, 205 S.E.2d 106, 21 N.C. App. 555, 1974 N.C. App. LEXIS 1873 (N.C. Ct. App. 1974).

Opinion

CAMPBELL, Judge.

The defendant assigns as error the failure of the trial court to define, in its charge, the crime of larceny. The charge to the jury was in all other respects excellent, and the trial court did give a detailed charge on the issue of intent. However, nowhere did he define the term “larceny” which is a vital element of the crime of breaking and entering with the intent to commit larceny. This was error, and we award a new trial. See State v. Mundy, 265 N.C. 528, 144 S.E. 2d 572 (1967); State v. Hickman, filed in the Court of Appeals on 1 May 1974.

New trial.

Judges Morris and Vaughn concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Voltz
804 S.E.2d 760 (Court of Appeals of North Carolina, 2017)
State v. Foust
251 S.E.2d 893 (Court of Appeals of North Carolina, 1979)
State v. Hammonds
247 S.E.2d 789 (Court of Appeals of North Carolina, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
205 S.E.2d 106, 21 N.C. App. 555, 1974 N.C. App. LEXIS 1873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elliott-ncctapp-1974.