State v. Spivey

In concluding that an indictment for injury to real property pursuant to N.C.G.S. § 14-127 need not identify the owner or lawful possessor of *745the property, the majority ignores over one hundred and sixty years of precedent establishing that “[i]n indictments for injuries to property it is necessary to lay the property truly, and a variance in that respect is fatal.”1 State v. Hicks, 233 N.C. 31, 34, 62 S.E.2d 497, 499 (1950) (quoting State v. Mason, 35 N.C. (13 Ired.) 341, 342 (1852)), cert. denied, 342 U.S. 831 (1951). I respectfully dissent.

Section 14-127 states, “If any person shall…