Smith's Criminal Case Compendium
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State v. Webb, ___ N.C. App. ___, 812 S.E.2d 182 (Mar. 6, 2018)
In a case involving convictions for felony breaking or entering, felony larceny, and misdemeanor injury to real property, the trial court did not err by denying the defendant’s motion to dismiss. The property owner was the defendant’s former girlfriend, who was away at the time. The items taken included a television. At trial, and at the State’s request, the trial court did not instruct the jury on acting in concert or aiding and abetting. Thus, to find the defendant guilty, the State was required to prove that the defendant committed the offenses himself. The court rejected the defendant’s argument that there was insufficient evidence that he was the perpetrator. Among other things, a neighbor saw a vehicle backed up to the victim’s patio; neighbors saw two males going in and out of the apartment; a neighbor recognized the defendant as one of the men; when one of the neighbors spoke to the defendant he seemed startled and anxious; a neighbor saw a television in the vehicle; another neighbor saw “stuff” in the car and when the men saw her, they quickly closed the trunk and departed; the victim told only three people that she was going out of town, one of whom was the defendant; and when the victim asked the defendant about the evening in question, he lied, telling her he was out of town. These and other facts were sufficient evidence that the defendant was the perpetrator.