State v. Buie

CLARK, Judge.

The defendant was convicted as a principal of the crimes of breaking or entering, felonious larceny, and attempted safe-cracking, though he was not actually present at the scene of the crimes. There are two exceptions to the rule that, an accused cannot be convicted as a principal when he is not actually present at the scene. First, if the defendant was constructively present when the crime was committed and aided or abetted the others in the commission of the crime, he would be a principal in the second degree and equally guilty with the others. State v. Mitchell, 24 N.C. App.…