Legal Opinion · Concurrence

State v. Jones

Supreme Court of North Carolina

Decided June 9, 2017No. 27PA16Published

1ConcurrenceJustice Newby

I concur fully with the majority opinion. I write separately to observe that this case presents an excellent example of the common law at work today, applying age-old tangible property principles to the modem, intangible electronic-banking context. As the Chief Justice well notes in his opinion, it is the knowing exercise of dominion and control over property to the exclusion of the true owner that “trespasses” on the owner’s property rights and effectuates larceny. His candy store hypothetical is a good example. I write separately to amplify this point by taking this opportunity to answer…

2Cases cited4 opinions

  1. State v. WestSupreme Court of North Carolina · 1977
  2. Penny v. LittleIllinois Supreme Court · 1841
  3. State v. . RoperSupreme Court of North Carolina · 1832
  4. State v. . ArkleSupreme Court of North Carolina · 1895

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