Legal Opinion

State v. Barnard

Court of Appeals of North Carolina

Decided October 2, 2018No. COA18-208PublishedCited by 2 opinions

1Opinion of the Court

DIETZ, Judge.

Defendant Corey Trent Barnard appeals his conviction for breaking or entering a motor vehicle. He argues that the trial court erred in denying his motion to dismiss because there was insufficient evidence that he intended to commit larceny inside the vehicle. As explained below, although Barnard offered a plausible theory of the evidence that would lead the jury to find him not guilty, the State's evidence also permitted a reasonable jury to find him guilty. Thus, the trial court properly denied his motion and sent the case to the jury.

Facts and Procedural History

In the early…

2Cases cited9 opinions

  1. State v. FritschSupreme Court of North Carolina · 2000
  2. State v. SmithCourt of Appeals of North Carolina · 2007
  3. State v. ScottSupreme Court of North Carolina · 2002
  4. State v. BensonSupreme Court of North Carolina · 1992
  5. State v. ThomasCourt of Appeals of North Carolina · 2002

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3Cited by2 opinions

  1. Biggs v. BrooksCourt of Appeals of North Carolina · 2022
  2. Biggs v. BrooksCourt of Appeals of North Carolina · 2022

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