State v. Ellis
Annotate this CaseAfter a jury trial, Defendant was convicted of felonious larceny, misdemeanor injury to personal property, first degree trespass, and misdemeanor possession of stolen property. The convictions stemmed from an incident in which police officers stopped Defendant’s vehicle while he was driving on the campus of the North Carolina State University (NCSU) and discovered copper wire taken from an electrical substation on campus. Defendant appealed, arguing that the trial court lacked subject matter jurisdiction over the injury to personal property charge because the information filed failed to allege that NCSU and “NCSU High Voltage Distribution” were legal entities capable of owning property. The Court of Appeals vacated Defendant’s conviction for the injury to personal property charge, concluding that the trial court lacked jurisdiction over the charge because the information failed to allege that NCSU High Voltage Distribution was capable of owning property. The Supreme Court reversed, holding that where a criminal pleading alleges that injury to personal property was committed against multiple entities, at least one of which is capable of owning property, that pleading is not facially invalid.
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