Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Sellers, ___ N.C. App. ___, 789 S.E.2d 459 (Jul. 5, 2016)
The evidence was sufficient to establish financial transaction card theft. The defendant argued that the evidence was insufficient to prove the took or obtained the victim’s card with the intent to use it. The evidence showed that on the day that the card was stolen someone other than the victim used it at Food Lion and The Pantry. Surveillance video showed the defendant at The Pantry at the time the card was swiped and an employee testified that the defendant tried to use a card with another person’s name on its face. This was sufficient evidence that the defendant obtained the card with the intent to use it.