Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

About

This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

Instructions

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E.g., 09/25/2021
E.g., 09/25/2021

In this burglary case, the evidence was insufficient to establish that the defendants entered the premises where it showed that the defendants used landscaping bricks and a fire pit bowl to break a back window of the home but no evidence showed that any part of their bodies entered the home (no items inside the home were missing or had been tampered with) or that the instruments of breaking were used to commit an offense inside. 

An entering did not occur for purposes of burglary when the defendant used a shotgun to break a window, causing the end of the shotgun to enter the premises. The court reiterated that to constitute an entry some part of the defendant’s body must enter the premises or the defendant must insert into the premises some tool that is intended to be used to commit the felony or larceny therein (such as a hook to grab an item).

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