{
  "id": 8550008,
  "name": "STATE OF NORTH CAROLINA v. THOMAS WILSON, JR.",
  "name_abbreviation": "State v. Wilson",
  "decision_date": "1969-11-19",
  "docket_number": "No. 6926SC499",
  "first_page": "618",
  "last_page": "620",
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      "cite": "6 N.C. App. 618"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
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    {
      "cite": "250 N.C. 96",
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      "reporter": "N.C.",
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        8620174
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        "/nc/250/0096-01"
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  "last_updated": "2023-07-14T21:07:50.917320+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "BROCK and BRItt, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. THOMAS WILSON, JR."
    ],
    "opinions": [
      {
        "text": "Vaughn, J.\nMotion to nonsuit is properly denied if there is any competent evidence to support the allegations of the indictment, considering the evidence in the light most favorable to the State, and giving it the benefit of every reasonable inference fairly deducible therefrom. 2 Strong, N.C. Index 2d, Criminal Law, \u00a7 106.\nEvidence for the State tends to show the following. On 29 April 1969, Mrs. Esteven Taylor lived in an apartment. There were four other apartments in the building including one across the hall which was shared by Patricia Martin and Sarah Wallace. Mrs. Taylor left her apartment about 6:50 a.m. and upon returning from her day\u2019s work at 3:45 p.m. found that the lock to her front door had been removed. Her television set and a record player were missing. Sarah Wallace testified that she saw Thomas Wilson and Patricia Martin enter the Taylor apartment after Wilson took a hammer from his pocket and pulled the nails from the hinge. She watched Wilson put the television set in a taxi and drive off with Patricia and Joshua. Patricia, as a witness for the defense, denied entering the Taylor apartment. She testified that she first saw the television set when Wilson put it into the taxi and that she, Wilson and Joshua then went to Frank\u2019s Pawn Shop where after leaving the set, they separated. She testified that she received no money from the pawn of the set and entered the pawn shop for the sole purpose of getting the cab fare which Wilson paid. Mrs. Taylor located her set at Frank\u2019s Pawn Shop the next day and identified it at the trial. Her record player was not found. Sarah Wallace, on cross examination,, stated that Mrs. Taylor came home about 4 p.m. and that she did not talk to her until 8 p.m. because Wilson had threatened her.\nIt is apparent from a review of the record that there was substantial direct evidence of every element of the crime charged and that there was no variance between the indictment and the proofs The defendant\u2019s assignment of error based on the failure of the court to grant his motion for nonsuit is overruled.\nThe defendant contends that the trial judge failed to instruct the jury that the requisite felonious intent must be applied to the specific crime alleged, that of intent to commit the felony of larceny. That part of the court\u2019s charge which the defendant sets out in his brief was merely a general outline of the applicable statute, G.S. 14-54, which the trial judge had just read. A reading of the entire charge discloses that thereafter the court correctly instructed the jury at least three times that they must find the breaking and entering to have been with the intent to commit the felony of larceny. When the charge of the court is considered contextually as a whole, as we are required to do, it is clear that the trial judge properly declared and explained the law arising on all phases of the evidence. Nance v. Long, 250 N.C. 96, 107 S.E. 2d 926.\nWe have carefully considered the defendant\u2019s remaining assignment of error relating to the charge to the jury and find no prejudicial error.\nAffirmed.\nBROCK and BRItt, JJ., concur.",
        "type": "majority",
        "author": "Vaughn, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Staff Attorney Edward L. Eatman, Jr., for the State.",
      "Richard H. Robertson for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. THOMAS WILSON, JR.\nNo. 6926SC499\n(Filed 19 November 1969)\n1. Criminal Law \u00a7 106\u2014 nonsuit \u2014 sufficiency of evidence\nMotion to nonsuit is properly denied if there is any competent evidence to support the allegations of the indictment, considering the evidence in the light most favorable to the State, and giving it the benefit of every reasonable inference fairly deducible therefrom.\n2. Burglary and Unlawful Breakings \u00a7 5; Larceny \u00a7 7\u2014 nonsuit \u2014 sufficiency of evidence\nIn this prosecution for felonious breaking and entering and felonious larceny, defendant\u2019s motion for nonsuit was properly overruled where a State\u2019s witness testified that she saw defendant enter the victim\u2019s apartment after pulling nails from the door hinge, and saw defendant carry a television set from the apartment and place it in a taxi.\n3. Burglary and Unlawful Breakings \u00a7 6\u2014 instructions \u2014 intent to commit specific crime alleged\nIn this prosecution for breaking and entering with intent to commit felonious larceny, the trial court properly instructed the jury that the requisite felonious intent must be applied to the specific crime alleged, where portion of the charge to which defendant objects was merely a general outline of 6.S. 14r54, and the court thereafter correctly instructed the jury at least three times that they must find the breaking and entering to have been with the intent to commit the felony of larceny.\nAppeal by defendant from Beal, S.J., 16 June 1969 Schedule \u201cD\u201d Criminal Session Meoklenbubg County Superior Court.\nThe defendant, Thomas Wilson, Jr., along with Joshua Robinson and Sandra Patricia Martin were jointly indicted in a bill of indictment charging them with the felonies of breaking and entering and larceny and a third count of receiving. The cases were consolidated for trial. The record before us does not disclose the disposition of the cases against Robinson and M\u00e1rtin. The jury found the defendant Wilson guilty of breaking and entering with intent to commit the felony of larceny and larceny as charged in the bill of indictment. From judgment on the verdict defendant appeals.\nAttorney General Robert Morgan by Staff Attorney Edward L. Eatman, Jr., for the State.\nRichard H. Robertson for defendant appellant."
  },
  "file_name": "0618-01",
  "first_page_order": 642,
  "last_page_order": 644
}