Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

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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., 09/22/2021
E.g., 09/22/2021
State v. Wilson, 370 N.C. 269 (Nov. 3, 2017)

On appeal from an unpublished decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 794 S.E.2d 921 (2016), finding no error in this animal cruelty case, the court per curiam affirmed. The defendant appealed from her conviction for felony cruelty to animals, contending that the trial court erred by refusing to instruct the jury on the lesser included offense of misdemeanor cruelty to animals. The Court of Appeals held that because no evidence was presented from which a jury could find that the defendant intentionally injured the dog by dragging him behind her vehicle but did so without malice, the trial court was not required to instruct on the lesser included offense.

The evidence was sufficient to establish misdemeanor cruelty to animals under G.S. 14-360(a) on grounds of torment. The odor of cat feces and ammonia could be smelled outside of the property and prevented officers from entering without ventilating and using a breathing apparatus; while the house was ventilated, residents from two blocks away were drawn outside because of the smell; fecal matter and debris blocked the front door; all doors and windows were closed; old and new feces and urine covered everything, including the cats; the cats left marks on the walls, doors and windows, trying to get out of the house.

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