{
  "id": 8548851,
  "name": "STATE OF NORTH CAROLINA v. DONALD FOUST",
  "name_abbreviation": "State v. Foust",
  "decision_date": "1979-02-20",
  "docket_number": "No. 7818SC977",
  "first_page": "71",
  "last_page": "72",
  "citations": [
    {
      "type": "official",
      "cite": "40 N.C. App. 71"
    }
  ],
  "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": "205 S.E. 2d 106",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1974,
      "opinion_index": 0
    },
    {
      "cite": "21 N.C. App. 555",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8556908
      ],
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/21/0555-01"
      ]
    },
    {
      "cite": "49 N.C. 349",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8682704
      ],
      "year": 1857,
      "opinion_index": 0,
      "case_paths": [
        "/nc/49/0349-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:01:10.825727+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Mitchell and Erwin concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. DONALD FOUST"
    ],
    "opinions": [
      {
        "text": "MARTIN (Robert M.), Judge.\nDefendant was indicted for first degree burglary, and was ultimately tried (upon the State\u2019s election) for second degree burglary, upon a proper indictment and after the warrant for arrest was amended. From a conviction of second degree burglary and a sentence of 30 to 40 years, defendant appeals, assigning error to the instructions of the trial judge.\nWe find that defendant must have a new trial. He was charged with second degree burglary, an offense under G.S. 14-51. An essential element of that offense, as derived from the common law, is the intent of the perpetrator to commit a felony after accomplishing the breaking and entering of a dwelling house belonging to another in the nighttime. State v. Whit, 49 N.C. 349 (1857). In the case before us, the indictment alleged that defendant\u2019s intent was to commit larceny. The trial judge properly instructed the jury that the State had the burden of proof on the issue of defendant\u2019s intent. However, nowhere in the record does it appear that the trial court defined the term \u201clarceny\u201d in its instructions, an omission which was prejudicial to defendant and erroneous under our case law. See State v. Elliott, 21 N.C. App. 555, 205 S.E. 2d 106 (1974). The conviction appealed from is vacated and the case is remanded for new trial.\nNew trial.\nJudges Mitchell and Erwin concur.",
        "type": "majority",
        "author": "MARTIN (Robert M.), Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General Isham B. Hudson, Jr., for the State.",
      "Assistant Public Defender Deno Economou, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. DONALD FOUST\nNo. 7818SC977\n(Filed 20 February 1979)\nBurglary and Unlawful Breakings \u00a7 6\u2014 burglary case \u2014 intent to commit larceny \u2014 failure of court to define larceny\nIn a second degree burglary prosecution in which the indictment alleged that defendant intended to commit larceny, the trial court erred in failing to define the term \u201clarceny\u201d in its jury instructions.\nAPPEAL by defendant from Wood, Judge. Judgment entered 8 June 1978 in Superior Court, GUILFORD County. Heard in the Court of Appeals 2 February 1979.\nAttorney General Edmisten, by Assistant Attorney General Isham B. Hudson, Jr., for the State.\nAssistant Public Defender Deno Economou, for the defendant."
  },
  "file_name": "0071-01",
  "first_page_order": 99,
  "last_page_order": 100
}