Smith's Criminal Case Compendium
Table of Contents
State v. Harvell, 236 N.C. App. 404 (Sept. 5, 2014)
In this felony breaking and entering and larceny case the trial court did not violate G.S. 15A-1234 when responding to a question by the deliberating jury. The defendant argued that the trial failed to afford counsel an opportunity to be heard before responding the jury’s question about the difference between “taking” and “carrying away.” After receiving the question from the jury, the trial court told the parties that it was “going to tell [the jury] the definition of taking is to lay hold of something with one’s hands;” neither party objected to the proposed instructions. The trial court then instructed the jury on this definition, demonstrated the difference between the two terms with a coffee cup, and repeated the elements of felony larceny. Although the trial court did not inform the parties of its visual demonstration, the statute only requires that the trial court inform the parties “generally” of the instruction that it intends to give, as was done here.