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Supreme Court of North Carolina· 11/3/2017

State v. Brice

Citations

  • 806 S.E.2d 32
  • 370 N.C. 244

Syllabus

Whether the indictment charging defendant with habitual misdemeanor larceny was fatally defective.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that defendant’s indictment for felony habitual larceny alleged all essential elements because, in part, it alleged defendant had four prior convictions for misdemeanor larceny
  • noting that defendant’s indictment for felony habitual larceny alleged all essential elements because, in part, it alleged defendant had four prior convictions for misdemeanor larceny
  • opining that “under the traditional test utilized in evaluating the facial validity of a criminal pleading,” a reading of the indictment only revealed that all essential elements of the crime of larceny were charged
  • explaining that a criminal pleading is constitutionally sufficient and conveys jurisdiction to the trial court when the pleading \clearly [ ] apprise[s] the defendant ... of the conduct which is the subject of the accusation\ (quoting N.C.G.S. § 15A-924(a)(5
  • explaining that a criminal pleading is constitutionally sufficient and conveys jurisdiction to the trial court when the pleading \clearly [ ] apprise[s] the defendant ... of the conduct which is the subject of the accusation\ (quoting N.C.G.S. § 15A-924(a)(5) (2015) )
  • a habitual larceny indictment must allege the defendant was convicted of “an eligible count of larceny” on “four separate occasions”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin

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Cited by

18 cases in this archive cite this case.

Cites

4 cases in this archive are cited by this case.

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