State v. Justice, 219 N.C. App. 642 (Apr. 3, 2012)

An indictment charging the defendant with larceny from a merchant by removal of antitheft device in violation of G.S. 14-72.11 was defective in two respects. The elements of this offense include a larceny (taking the property of another, carrying it away, without the consent of the possessor, and with the intent to permanently deprive) and removal of an antishoplifting or inventory control device. In this case, the defendant was alleged to have taken clothing from a department store. The court determined that the indictment’s description of the property taken as “merchandise” was “too general to identify the property allegedly taken.” Additionally, the indictment alleged that the defendant “did remove a component of an anti-theft or inventory control device . . . . in an effort to steal” property. This language, the court determined, alleged only an attempted larceny not the completed offense.