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N.C.App.1 FALL SESSION 1972 229
State v. Peele
larceny indictment was, therefore, voided. The Court agreed
that the plea of double jeopardy was applicable in the case
at bar and struck the portion of the larceny indictment
pertaining to Joel Noah's property. However, the Court
denied the defendant's motion to quash the entire larceny
count of the indictment."
Upon arraignment on the charges contained in the bill of
indictment as deleted, defendant pleaded not guilty to all
counts.
Joel Noah, the only witness presented by the State, testi-fied
in substance to the following:
In November 1971 he, Peter Hall, and Phillip Guilford,
resided at 519 North Platte. Noah knew the defendant, Frank
Peele, and on 7 November 1971 defendant Peele and Lee Smith,
a friend of defendant's, had come over to Noah's house. On
the evening of 7 November 1971 and on the day of 8 November
1971 Noah's house was secure and there were no broken win-dows
or doors. Later, when Noah returned to the house, he
discovered that someone had broken the window in the living
room and had entered the house, and the following items were
missing: a turntable, two tape decks and an amplifier belonging
to Peter Hall; a shotgun and a television belonging to Phillip
Guilford; and a .25 caliber pistol, a blanket, a poncho, and a
pillowcase belonging to Noah. Noah had not given anyone con-sent
to remove anything from his house and to the best of his
knowledge his roommates had not given consent to anyone. On
15 November 1971 Noah and Guilford went to defendant's
house at Breezewood Avenue and told defendant that their
house had been broken into, that the descriptions which had
been given them fitted the defendant and his car, and that they
thought defendant had done it. Defendant told Noah that he
had picked up some stereo equipment that day with a man
named Williams at a house familiar to defendant, but that de-fendant
did not know who lived i11 the house; that the reason
Williams went into the house was that the stereo equipment
belonged to Williams, who had left it at that house; that all
defendant had done was to unlock the trunk of his car; and
that Williams had taken everything out of the car except one
amplifier, which defendant told Noah he had in his house.
Noah then called Deputy Sheriff Burgess, who came to defend-ant's
house with another officer. When the officers arrived,
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 253 |
| Full Text | N.C.App.1 FALL SESSION 1972 229 State v. Peele larceny indictment was, therefore, voided. The Court agreed that the plea of double jeopardy was applicable in the case at bar and struck the portion of the larceny indictment pertaining to Joel Noah's property. However, the Court denied the defendant's motion to quash the entire larceny count of the indictment." Upon arraignment on the charges contained in the bill of indictment as deleted, defendant pleaded not guilty to all counts. Joel Noah, the only witness presented by the State, testi-fied in substance to the following: In November 1971 he, Peter Hall, and Phillip Guilford, resided at 519 North Platte. Noah knew the defendant, Frank Peele, and on 7 November 1971 defendant Peele and Lee Smith, a friend of defendant's, had come over to Noah's house. On the evening of 7 November 1971 and on the day of 8 November 1971 Noah's house was secure and there were no broken win-dows or doors. Later, when Noah returned to the house, he discovered that someone had broken the window in the living room and had entered the house, and the following items were missing: a turntable, two tape decks and an amplifier belonging to Peter Hall; a shotgun and a television belonging to Phillip Guilford; and a .25 caliber pistol, a blanket, a poncho, and a pillowcase belonging to Noah. Noah had not given anyone con-sent to remove anything from his house and to the best of his knowledge his roommates had not given consent to anyone. On 15 November 1971 Noah and Guilford went to defendant's house at Breezewood Avenue and told defendant that their house had been broken into, that the descriptions which had been given them fitted the defendant and his car, and that they thought defendant had done it. Defendant told Noah that he had picked up some stereo equipment that day with a man named Williams at a house familiar to defendant, but that de-fendant did not know who lived i11 the house; that the reason Williams went into the house was that the stereo equipment belonged to Williams, who had left it at that house; that all defendant had done was to unlock the trunk of his car; and that Williams had taken everything out of the car except one amplifier, which defendant told Noah he had in his house. Noah then called Deputy Sheriff Burgess, who came to defend-ant's house with another officer. When the officers arrived, |
