Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Covington, ___ N.C. App. ___, 788 S. E.2d 671 (Aug. 2, 2016)
The trial court did not commit plain error by failing to instruct the jury on first-degree trespass as a lesser-included of breaking or entering a motor vehicle. Although the defendant argued that he may have broken into the vehicle in order to sleep and thus lacked the intent to commit a larceny therein, no evidence supported that argument.