State v. Campbell
Annotate this CaseDefendant was indicted for felony breaking or entering a place of worship and felony larceny after breaking or entering. After a trial, the jury found Defendant guilty of felony larceny and felony breaking or entering a place of religious worship. The court of appeals vacated Defendant’s larceny conviction and reversed his conviction for breaking or entering, concluding (1) the larceny indictment was “fatally flawed” because it it did not specifically state that a church, the alleged co-owner of the stolen property, was a legal entity capable of owning property; and (2) there was insufficient evidence of Defendant’s intent to commit larceny. The Supreme Court reversed, holding (1) the indictment was sufficient on its face because the name of a church necessarily imports an entity capable of owning property; and (2) there was sufficient evidence of Defendant’s criminal intent to sustain a conviction for felony breaking or entering a place of religious worship. Remanded.
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