Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. McNair, ___ N.C. App. ___, 799 S.E.2d 631 (Apr. 18, 2017)
The evidence was sufficient to convict the defendant of felony breaking or entering a building. The court rejected the defendant’s argument that the evidence showed only his presence at the scene, noting, among other things, that responding to a possible break-in, officers found the defendant scaling a 10-foot brick wall near the barn. The court also found that the evidence was sufficient to support an inference that the defendant intended to commit a larceny when he entered the barn, noting, among other things, that items had been removed from the barn and placed in the fenced in area around it.