MATTER OF WALLACE

No. 812DC1183.

291 S.E.2d 796 (1982)

In the Matter of Thaddeus WALLACE DOB 3-22-69, 1237 Maple Street, Washington, N. C. 27889.

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert R. Reilly, Raleigh, for the State.

Carter, Archie & Hassell by Sid Hassell, Jr., Washington, for juvenile appellant.


ARNOLD, Judge.

Appellant first assigns error to the trial court's denial of his motion to dismiss. We agree that State's evidence failed to establish the elements of the crime charged and hold that dismissal of the action was improperly denied. The State has established only that a child of twelve entered an unlocked door into a lighted store during daylight hours, that he did so in front of at least one known witness, and that he took nothing.

This Court...

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