Smith's Criminal Case Compendium
Table of Contents
State v. Mims, 241 N.C. App. 611 (Jun. 16, 2015)
(1) The evidence was sufficient to support a conviction for attempted first-degree burglary. In this case, which involved an attempted entry into a home in the wee hours of the morning, the defendant argued that the State presented insufficient evidence of his intent to commit a larceny in the premises. The court concluded that the case was controlled by State v. McBryde, 97 N.C. 393 (1887), and that because there was no evidence that the defendant’s attempt to break into the home was for a purpose other than to commit larceny, it could be inferred that the defendant intended to enter to commit a larceny inside. The court rejected the defendant’s argument that the evidence suggested that he was trying to enter the residence to seek assistance or was searching for someone. (2) Applying the McBryde inference to an attempted breaking or entering that occurred during daylights hours, the court held that the evidence was sufficient to support a conviction for that offense.