Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
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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Criminal Offenses > Burglary, Breaking or Entering, and Related Offenses > Breaking or entering with intent to terrorize/injure
The evidence was sufficient to support a conviction for felony breaking or entering with intent to terrorize or injure. On appeal the defendant challenged only the element of intent to injure or terrorize. Here, the evidence shows that the defendant entered uninvited and did not announce himself. When the victim saw the defendant, the defendant began to argue with the victim, believing that he was involved in an incident with the defendant’s girlfriend. The defendant, a mixed martial arts fighter, then violently attacked the victim. The jury could find the circumstances put the victim in a high degree of fear or that the defendant acted so recklessly or manifestly indifferent to the consequences to the victim that there was constructive intent to injure. Thus, the evidence was sufficient to support an inference that the defendant entered the victim’s home with the intent to terrorize or injure the victim.