State v. Schultz

VAUGHN, Judge.

Defendant first assigns as error the denial of his motions for judgment or dismissal as of nonsuit. He asserts that the property which he took was in the nature of chattels real and not susceptible of common law larceny. He argues that the proper indictments could only have been under G.S. 14-80 or G.S. 14-148 and, therefore, that there was a fatal variance between the indictments and the proof.

G.S. 14-80 provides:

“If any person, not being the present owner or bona fide claimant thereof, shall willfully and unlawfully enter upon the lands of another, carrying off or being…