State v. Thomas
State v. Thomas
Opinion of the Court
In Case No. 75CR4924 defendant was tried and convicted for violation of our “safecracking” statute, G.S. -14-89.1. This statute, originally enacted by Ch. 653 of the 1961 Session Laws and subsequently amended by Ch. 235 of the 1973 Session Laws, is as follows:
“G.S. 14-89.1. Safecracking d'nd safe robbery. — Any person who shall, by the use of explosives, drills, or tools, unlawfully force open or attempt to force open or ‘pick’ the combination of a safe or vault used for storing money or other valuables, shall, upon conviction thereof, receive a sentence, in the discretion of the trial judge, of not less than two years nor more than 30 years imprisonment in the State penitentiary.”
There was evidence in this case that defendant-unlawfully opened the safe, but there was no evidence that this was done “by the use of explosives, drills, or tools.” On the contrary, the only reasonable inference which may be drawn from the evidence is that the safe was opened simply by turning the dial on the combination “one-half turn back to zero,” thereby releasing the lock and freeing the door handles so that they could be turned and the doors could be pulled open. The question presented is whether such evidence was sufficient to support the verdict in Case No. 75CR4924. We hold that it was not and that defendant’s motion for dismissal in that case should have been allowed.
Initially, we note that when the statute,' G.S. 14-89.1, is considered from the point of view of grammatical construction, the phrase “by the use of explosives, drills, or tools” qualifies all that follows in the sentence. The same is true of the word “unlawfully,” as that word appears in the statute. Certainly, it seems clear that the General Assembly intended that the word “unlawfully” modify not only the phrase, “force open or attempt
The State in this case has relied upon the following language which appears in the opinion in State v. Pinyatello, 272 N.C. 312, 314, 158 S.E. 2d 596, 597-8 (1968) :
“Construing G.S. 14-89.1, it is manifest that the statute condemns (1) the felonious opening or attempting to force open a safe or vault used for storing money or other valuables by explosives, drills, or other tools, or (2) to pick feloniously the combination of a safe or vault used for storing money or other valuables. The felonious picking of a combination of a safe or vault is a safe robbery condemned by our statute. The word ‘pick’ has a distinct meaning well understood by policemen, laymen, and courts alike.”
G.S. 14-89.1 has been in effect since 1961. During the ensuing years our Supreme Court has had occasion to consider approximately 14 cases, and this Court approximately 10 cases, in which a violation of the statute was involved. We have carefully reviewed all of these cases and have not found one in which conviction was sustained where the evidence failed to show use of “explosives, drills, or tools.” We now hold that such evidence is essential to sustain a conviction for violation of G.S. 14-89.1.
As to Case No. 75CR4925, in which defendant was convicted of felonious larceny, we find the evidence ample to sustain the verdict. We have carefully examined all of defendant’s assignments of error, and find no error such as to warrant disturbing the judgment entered in that case.
The result is:
In Case 75CR4924 the judgment is vacated.
In Case 75CR4925, no error.
Concurring in Part
concurring in part and dissenting in part: I concur in the finding of no error in Case 75CR4925 (felonious larceny).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.