State v. Garner

INMAN, Judge.

*394 An indictment for felonious larceny is fatally defective when it fails to allege that property was taken from an entity capable of owning property. When the record indicates that a trial court arrested a judgment of conviction for double jeopardy-related concerns and no fatal defect of the conviction appears on the face of the record, the appellate court may treat the judgment as set aside rather than vacated and remand for the trial court's further consideration of the conviction.

Daniel Christian Garner ("Defendant") appeals from a judgment entered 3 September 2015 following a…