Case Summaries: N.C. Court of Appeals (Aug. 20, 2025)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 20, 2025. An indictment for injuring property to obtain non-ferrous metals was sufficient despite the lack of any allegation concerning the value of the property damage. State v. Council, No. COA25-78 (N.C. Ct. App. Aug. 20, 2025) (Hampson). In this Durham County case, the defendant was suspected of stealing a catalytic converter from a truck. He was indicted for, and convicted of, felony larceny and felony injury to property to obtain non-ferrous metals. He appealed, asserting that the indictment for the injury to property charge was defective for failing to specify the value of the property damage. The offense is set forth in G.S. 14-159.4, which makes it “unlawful for a person to willfully and wantonly cut, mutilate, deface, or otherwise injure any personal or real property of another . . . for the purpose of obtaining nonferrous metals in any amount.” Subsection (c) of the statute concerns “punishment,” and reads: (1) Default. – If the direct injury is to property, and the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss (including fixtures or improvements) is less than one thousand dollars ($1,000), a violation shall be punishable as a Class 1 misdemeanor. If the applicable amount is one thousand dollars ($1,000) or more, but less than ten thousand dollars ($10,000), a violation shall be punishable [...]