{ "id": 8554380, "name": "STATE OF NORTH CAROLINA v. DAVID EUGENE CRAWFORD", "name_abbreviation": "State v. Crawford", "decision_date": "1976-04-07", "docket_number": "No. 7516SC847", "first_page": "117", "last_page": "120", "citations": [ { "type": "official", "cite": "29 N.C. App. 117" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "30 L.Ed. 2d 242", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1974, "opinion_index": 0 }, { "cite": "415 U.S. 164", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6172884 ], "weight": 2, "year": 1974, "opinion_index": 0, "case_paths": [ "/us/415/0164-01" ] }, { "cite": "182 S.E. 2d 617", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "12 N.C. App. 85", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8547481 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc-app/12/0085-01" ] }, { "cite": "152 S.E. 2d 112", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "269 N.C. 293", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563247 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/nc/269/0293-01" ] }, { "cite": "157 S.E. 2d 335", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "271 N.C. 646", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566320 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/nc/271/0646-01" ] }, { "cite": "192 S.E. 2d 441", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "448" } ], "opinion_index": 0 }, { "cite": "282 N.C. 249", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564205 ], "year": 1972, "pin_cites": [ { "page": "259" } ], "opinion_index": 0, "case_paths": [ "/nc/282/0249-01" ] }, { "cite": "140 S.E. 2d 413", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "263 N.C. 786", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573163 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/nc/263/0786-01" ] } ], "analysis": { "cardinality": 439, "char_count": 8051, "ocr_confidence": 0.681, "pagerank": { "raw": 1.4572805250232124e-07, "percentile": 0.6561683712061978 }, "sha256": "4a20aab65dd662daef04b21d703928548546f446782b743f01097d023af17bfc", "simhash": "1:20a1bcc2b61c7bd2", "word_count": 1327 }, "last_updated": "2023-07-14T16:29:22.308082+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Britt and Martin concur." ], "parties": [ "STATE OF NORTH CAROLINA v. DAVID EUGENE CRAWFORD" ], "opinions": [ { "text": "HEDRICK, Judge.\nDefendant contends that his motion for judgment as of nonsuit, his motion for a new trial, or his motion to set aside the verdict should have been granted. He argues that there was \u201ca fatal variance between allegations of ownership\u201d of the' premises entered and of the property taken in the indictment and proof of ownership at trial. The bill of indictment charged the defendant with breaking or entering the premises and larceny of the property of \u201cMobile Home Brokers, Inc., a corporation.\u2019\u2019 At trial, John Yow testified that he travelled to Fayetteville .and identified some of the stolen property which was taken' from the mobile home. He testified further that he worked for; Mobile Home Brokers. When asked who owned the property, he answered: \u201cIt was owned by Mobile Home Brokers, \u2022the address that- I mentioned before [510 W. 2d St., Lumberton].\" The property had been purchased by \u201cour central purchasing in Fayetteville.\u201d On cross-examination, he testified that:\n\u201cMobile Home Industries owned Mobile Home Brokers. It is a wholly owned subsidiary of Mobile Home Industries. As to whether there are any officers of Mobile Home Brokers, Inc., I don\u2019t think I understand the question. There is not a President and Vice President of Mobile Home Brokers, Inc., but there are those officers of Mobile Home Industries.\u201d\nLater, on cross-examination, Yow testified that: \u201c . . . [He was] not positive that Mobile Home Brokers, as such [was] incorporated. Mobile Home Industries, Inc., is incorporated in Tallahassee, Florida. As far as [he knew], Mobile Home Brokers, Inc., [was] not a corporation.\u201d\nThe allegations of ownership described in a bill of indictment are essential. State v. Brown, 263 N.C. 786, 140 S.E. 2d 413 (1965). If the evidence offered at trial fails to show the ownership as alleged in the indictment of the premises entered and the property taken, a motion for judgment of nonsuit should be allowed, both to the charge of breaking or entering and to the charge of felonious larceny. State v. Eppley, 282 N.C. 249, 259, 192 S.E. 2d 441, 448 (1972) ; State v. Miller, 271 N.C. 646, 157 S.E. 2d 335 (1967) ; State v. Brown, supra. When the evidence as summarized above is considered in the light most favorable to the State, there is at most some conflict in the testimony of witness Yow as to the corporate status of the owner of the property. Conflicts in the evidence are to be resolved by the jury. State v. Mabry, 269 N.C. 293, 152 S.E. 2d 112 (1967). In our opinion, the evidence was sufficient for the jury to find that Mobile Home Brokers, Inc., was the owner of the premises and the stolen property and to support the verdicts. See State v. McCall, State v. Sanders, State v. Hill, 12 N.C. App. 85, 182 S.E. 2d 617 (1971). This assignment of error is overruled.\nDefendant contends that the Fayetteville Police conducted an illegal search of his apartment in violation of his Fourth Amendment Rights. On voir dire Officer Jimmy R. Cook testified that he went to the defendant\u2019s apartment with Detective W. G. Campbell. The apartment was one of four in a large house at 224 Davis Street in Fayetteville. The occupant of apartment three stated that A1 Broadway paid the rent on apartment four. The officers approached Mr. Broadway, who stood on the porch, and asked him if he rented apartment four. Broadway \u201cstated that he, along with Mr. and Mrs. Crawford lived there.\u201d Broadway gave the officers written permission to search before they entered the premises. Once inside they found some of the stolen property which was later identified as belonging to Mobile Home Brokers, Inc. Following the voir dire examination, the trial court found \u201cthat one Allen Broadway was an occupant of the premises [which was searched], and signed a written permission to search those premises\u201d and concluded that \u201cthe officers had a lawful right to enter the premises . \u201d The findings are supported by the evidence and the conclusions are consistent with the findings. The U. S. Supreme Court in United States v. Matlock, 415 U.S. 164, 30 L.Ed. 2d 242, 94 S.Ct. 988 (1974), cited the rule as being:\n\u201cThat where two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either.\u201d\nThis assignment of error is not sustained.\nBy defendant\u2019s next assignment of error, he contends that a statement given by him to the police was \u201cnot freely, voluntarily and understandingly made.\u201d Again, after an extensive voir dire including introduction of the statement of rights and written waiver of rights form which the defendant signed, the court concluded that the statement was \u201cvoluntarily and understandingly made.\u201d The findings and the evidence support this conclusion. This assignment of error is overruled.\nWe have carefully examined the defendant\u2019s additional assignment of error and find it to be without merit.\nThe defendant had a fair trial free from prejudicial error.\nNo error.\nJudges Britt and Martin concur.", "type": "majority", "author": "HEDRICK, Judge." } ], "attorneys": [ "Attorney General Edmisten by Associate Attorney Jack Cozort for the State.", "John Wishart Campbell for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. DAVID EUGENE CRAWFORD\nNo. 7516SC847\n(Filed 7 April 1976)\n1. Burglary and Unlawful Breakings \u00a7 5; Larceny \u00a7 7; Indictment and Warrant \u00a7 17\u2014 ownership of premises and stolen property \u2014 no fatal variance\nThere was no fatal variance where an indictment alleged the breaking and entering of a building and the felonious larceny of property owned by a corporation and the evidence was conflicting as to whether the owner of the building and stolen property was a corporation since conflicts in the evidence are to be resolved by the jury.\n2. Criminal Law \u00a7 84; Searches and Seizures \u00a7 2\u2014 search of defendant\u2019s apartment \u2014 consent of another occupant\nOfficers lawfully searched defendant\u2019s apartment where another occupant gave them written permission for the search, and evidence disclosed by the search was properly used against defendant.\nAppeal by defendant from McKinnon, Judge. Judgment entered 15 May 1975 in Superior Court, Robeson County. Heard in the Court of Appeals 12 February 1976.\nThe defendant, David Eugene Crawford, was charged in a two-count bill of indictment, proper in form, with the breaking or entering of a building owned by Mobile Home Brokers, Inc., and the felonious larceny of personal property having a value of $531.00 owned by Mobile Home Brokers, Inc. The defendant pleaded not guilty, and the State offered evidence tending to show the following.\nOn the night of 12 February 1975, two trailers belonging to Mobile Home Brokers, Inc. (Brokers), 510 W. 2nd Street, Lumberton, North Carolina, were broken into and numerous items of personal property were stolen. The trailers were on Brokers\u2019 sales lot and had been checked and locked on the evening of 12 February 1975 by John Yow, the local manager. When Yow inspected the units on 13 February, he found that the rear doors \u201chad been forced\u201d open.\nDetective Jimmy R. Cook of the Fayetteville Police, acting on a call he had received, went to the defendant\u2019s apartment. After getting permission to search from a co-tenant of the defendant\u2019s apartment, Detective Cook, along with Detectives W. G. Campbell and W. B. Barefoot, conducted a search of the premises. Inside they found numerous items of stolen property, some of which Yow later identified as coming from the trailers.\nThe following day Crawford was arrested and gave a statement to Cook. Crawford admitted participating in the breaking and entering and larceny. He confessed that he accompanied \u201cNash, Al, Charles, and [his] wife\u201d to Lumberton in a 1969 pickup truck. They broke into trailers in four different trailer parks, stealing property from each of them. They stored some of the property in Crawford\u2019s apartment in Fayetteville.\nThe defendant offered no evidence.\nFrom verdicts of guilty to breaking or entering and felonious larceny and concurrent sentences of 7 to 10 years imposed for each offense, the defendant appealed.\nAttorney General Edmisten by Associate Attorney Jack Cozort for the State.\nJohn Wishart Campbell for defendant appellant." }, "file_name": "0117-01", "first_page_order": 149, "last_page_order": 152 }