Smith's Criminal Case Compendium
Table of Contents
State v. Mitchell, 234 N.C. App. 423 (Jun. 17, 2014)
(1) When an indictment charging breaking or entering into a motor vehicle alleged that the defendant broke and entered the vehicle, the trial court did not err by instructing the jury that it could find the defendant guilty if he broke or entered the vehicle. The statute required only a breaking or entering, not both. (2) There was sufficient evidence to establish that either the defendant or his accomplice entered the vehicle where among other things, the defendant was caught standing near the vehicle with its door open, there was no pollen inside the vehicle although the outside of the car was covered in pollen, the owner testified that the door was not opened the previous day, and the defendant and his accomplice each testified that the other opened the door. (3) There was sufficient evidence that the defendant broke into the vehicle “with intent to commit any felony or larceny therein." Citing prior case law, the court held that the intent to steal the motor vehicle itself may satisfy the intent element.