Legal Opinion

State v. Corpening

Court of Appeals of North Carolina

Decided November 3, 1976No. 7624SC349Published

1Opinion of the Court

PARKER, Judge.

The second count in the bill of indictment was not, as defendant contends, duplicitous. It charged only one offense, felonious larceny. In State v. Benfield, 278 N.C. 199, 179 S.E. 2d 388 (1971), Bobbitt, C.J., speaking for our Supreme Court, said (at p. 209) :

“To convict of felony-larceny, the indictment must allege and the State must prove beyond a reasonable doubt, as an essential element of the crime, that the value of the property exceeded two hundred dollars, or that the larceny was from the person, or that the larceny was from a building in violation of G.S. 14-51, 14-53,…

2Cases cited2 opinions

  1. State v. BrittSupreme Court of North Carolina · 1974
  2. State v. BenfieldSupreme Court of North Carolina · 1971

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