Legal Opinion

In re D.B.

Court of Appeals of North Carolina

Decided August 16, 2011No. COA10-1476PublishedCited by 2 opinions

1Opinion of the Court

GEER, Judge.

D.B., a juvenile, appeals from the trial court’s orders adjudicating him delinquent for committing the offenses of felony breaking and entering, felony larceny pursuant to breaking and entering, and misdemeanor possession of stolen goods. We agree that the petition alleging felony larceny pursuant to breaking and entering was fatally defective because it contained no allegation that the alleged victim, the Crossings Golf Club, was a legal entity capable of owning property. The petition alleging felony larceny pursuant to breaking and entering should, therefore, have been dismissed…

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty.Supreme Court of the United States · 2004
  4. State v. SteenSupreme Court of North Carolina · 2000
  5. State v. StreeterSupreme Court of North Carolina · 1973

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3Cited by2 opinions

  1. Brown v. Town of Chapel HillCourt of Appeals of North Carolina · 2014
  2. Brown v. Town of Chapel HillCourt of Appeals of North Carolina · 2014

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