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N.C.App.1 COURT OF APPEALS 481
State v. Perry
[2] The assignment of error to various portions of the court's
instructions is without merit. The court was not entirely accu-rate
when it stated that ". . . the approximate value of those
articles, automobile and radio was about $800." The testimony
was in fact that the radio alone had a value of $800. We fail to
perceive the manner in which defendant was prejudiced by this
slight discrepancy. Larceny of goods of value greater than $200
is a felony. G.S. 14-73 ; State v. Cooper, 256 N.C. 372, 124 S.E.
2d 91 (1962). The court correctly instructed the jury to return
a verdict of guilty of felonious larceny if it found that the de-fendant
stole the automobile and radio, and that they had a value
greater than $200.
[3] Defendant further contends that the court was in error in
failing to define felonious intent. The following portion of the
instruction is sufficient to apprise the jury of the elements of
felonious larceny.
"Felonious larceny is the taking and carrying away of more
than $200.00 worth of personal property of another with-out
his consent intending at that time to deprive the owner
of its use permanently, the taker knowing that he was not
entitled to take the property. Now, in order for you to find
the defendant guilty of felonious larceny with which he is
here charged the State has the burden of satisfying you
beyond a reasonable doubt of six things: first, that the de-fendant
took the property belonging to Johnnie Mickens;
second, that the defendant carried away the property. By
carrying away I do not mean he must take it 100 or ten
miles or even one mile, but the slightest carrying away
from where its owner left it is sufficient; third, that John-nie
Mickens did not consent to the taking and carrying
away of his automobile, his taxicab and radio, and fourth,
that at the time of the taking, the defendant intended to
deprive the owner of its use permanently; fifth, that the
defendant knew he was not entitled to take the property,
and sixth, that the property was worth more than $200.00."
Larceny is the felonious taking and carrying away by any
person of the goods or personal property of another, without
the latter's consent and with the felonious intent permanently
to deprive the owner of his property and to convert it to the
taker's own use. State v. Bookel*, 250 N.C. 272, 108 S.E. 2d 426
(1959). Felonious intent as applied to the crime of larceny is
"the intent which exists where a person knowingly takes and
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 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 | 31.9 MB; 832 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_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 509 |
| Full Text | N.C.App.1 COURT OF APPEALS 481 State v. Perry [2] The assignment of error to various portions of the court's instructions is without merit. The court was not entirely accu-rate when it stated that ". . . the approximate value of those articles, automobile and radio was about $800." The testimony was in fact that the radio alone had a value of $800. We fail to perceive the manner in which defendant was prejudiced by this slight discrepancy. Larceny of goods of value greater than $200 is a felony. G.S. 14-73 ; State v. Cooper, 256 N.C. 372, 124 S.E. 2d 91 (1962). The court correctly instructed the jury to return a verdict of guilty of felonious larceny if it found that the de-fendant stole the automobile and radio, and that they had a value greater than $200. [3] Defendant further contends that the court was in error in failing to define felonious intent. The following portion of the instruction is sufficient to apprise the jury of the elements of felonious larceny. "Felonious larceny is the taking and carrying away of more than $200.00 worth of personal property of another with-out his consent intending at that time to deprive the owner of its use permanently, the taker knowing that he was not entitled to take the property. Now, in order for you to find the defendant guilty of felonious larceny with which he is here charged the State has the burden of satisfying you beyond a reasonable doubt of six things: first, that the de-fendant took the property belonging to Johnnie Mickens; second, that the defendant carried away the property. By carrying away I do not mean he must take it 100 or ten miles or even one mile, but the slightest carrying away from where its owner left it is sufficient; third, that John-nie Mickens did not consent to the taking and carrying away of his automobile, his taxicab and radio, and fourth, that at the time of the taking, the defendant intended to deprive the owner of its use permanently; fifth, that the defendant knew he was not entitled to take the property, and sixth, that the property was worth more than $200.00." Larceny is the felonious taking and carrying away by any person of the goods or personal property of another, without the latter's consent and with the felonious intent permanently to deprive the owner of his property and to convert it to the taker's own use. State v. Bookel*, 250 N.C. 272, 108 S.E. 2d 426 (1959). Felonious intent as applied to the crime of larceny is "the intent which exists where a person knowingly takes and |
