Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Fish, 229 N.C. App. 584 (Sept. 17, 2013)
The trial court erred by denying the defendant’s motion to dismiss charges of breaking or entering a boat where the State failed to present evidence that the boats contained items of value. Although even trivial items can satisfy this element, here the record was devoid of any evidence of items of value. The batteries did not count because they were part of the boats.