Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Minton, 223 N.C. App. 319 (Nov. 6, 2012)
There was sufficient evidence to establish the offense of conversion of property by a bailee in violation of G.S. 14-168.1. The court rejected the defendant’s argument that because “[e]vidence of nonfulfillment of a contract obligation” is not enough to establish intent for obtaining property by false pretenses under G.S. 14-100(b), this evidence should not be sufficient to establish the intent to defraud for conversion. The court also rejected the defendant’s argument that there was insufficient evidence of an intent to defraud where the underlying contract between himself and the victim was unenforceable; the court found no prohibition on using unenforceable contracts to support a conversion charge.