STATE v. GARNER

No. COA16-289.

798 S.E.2d 755 (2017)

The STATE of North Carolina, v. Daniel Christian GARNER, Defendant.

Court of Appeals of North Carolina.

Filed: March 21, 2017.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Assistant Attorney General Tracy Nayer , for the State.

Irons & Irons, PA., Greenville, by Ben G. Irons, II , for Appellant-Defendant.


An indictment for felonious larceny is fatally defective when it fails to allege that property was taken from an entity capable of owning property. When the record indicates that a trial court arrested a judgment of conviction for double jeopardy-related concerns and no fatal defect of the conviction appears on the face of the record...

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