Legal Opinion

State v. Coats

Court of Appeals of North Carolina

Decided April 2, 1985No. 848SC436PublishedCited by 6 opinions

1Opinion of the Court

PARKER, Judge.

In his first assignment of error defendant argues that the trial court erred in failing to grant his motion to dismiss at the close of all evidence. The evidence is sufficient to withstand defendant’s motion to dismiss if, when viewed in the light most favorable to the State, there is substantial evidence of all essential elements of the offense. State v. Brackett, 306 N.C. 138, 291 S.E. 2d 660 (1982).

The essential elements of larceny are that defendant (1) took the property of another; (2) carried it away; (3) without the owner’s consent; and (4) with the intent to permanently…

2Cases cited5 opinions

  1. State v. PerrySupreme Court of North Carolina · 1982
  2. State v. BillupsSupreme Court of North Carolina · 1981
  3. State v. BrackettSupreme Court of North Carolina · 1982
  4. State v. McCambridgeCourt of Appeals of North Carolina · 1974
  5. State v. DickersonCourt of Appeals of North Carolina · 1973

3Cited by6 opinions

  1. State v. PerkinsCourt of Appeals of North Carolina · 2007
  2. State v. BrooksCourt of Appeals of North Carolina · 2006
  3. State v. JusticeCourt of Appeals of North Carolina · 2012
  4. State v. BowdenCourt of Appeals of North Carolina · 2011
  5. State v. BrawleyCourt of Appeals of North Carolina · 2017

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