State v. Speas
State v. Speas
Opinion
*351 Defendant Albert Lewis Speas appeals from judgment entered upon his conviction for felonious larceny. After careful review, we find no error.
On 14 February 2017, defendant was indicted for felonious larceny and felonious possession of stolen goods. The larceny indictment specifically alleged that defendant "unlawfully, willfully and feloniously *352 did steal, take and carry away one (1) television, the personal property of Sears Roebuck and Company, having a value of One Thousand Six Hundred Ninety-Nine Dollars and Ninety-Nine Cents ($1,699.99)." Defendant was also indicted for having attained habitual felon status.
On 10 October 2017, defendant was convicted by a jury of both felonious larceny and felonious possession of stolen goods. The trial court arrested judgment on the charge of possession of stolen goods. Defendant subsequently pled guilty to having attained the status of an habitual felon. The trial court *550 sentenced defendant to a term of 89 to 119 months imprisonment. Defendant appeals.
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On appeal, defendant's sole argument is that the indictment for larceny is fatally defective because it does not allege that "Sears Roebuck and Company" was an entity capable of owning property. We disagree.
"It is well settled that a valid bill of indictment is essential to the jurisdiction of the trial court to try an accused for a felony."
State v. Abraham
,
Here, defendant was indicted for felonious larceny. The essential elements of larceny are: (1) the taking of the property of another; (2) carrying it away; (3) without the owner's consent; and (4) with the intent to permanently deprive the owner of the property.
State v. Perry
,
The instant indictment charges defendant with larceny of the personal property of "Sears Roebuck and Company." Defendant contends that this is insufficient because, although the indictment contains the word "company," it does not identify "Sears Roebuck and Company" as a company or other corporate entity. We are not persuaded.
In
Thornton
, the North Carolina Supreme Court determined that an indictment which alleged defendant embezzled money belonging to "The Chuck Wagon" was insufficient because it failed to sufficiently identify "The Chuck Wagon" as a corporation, and the name itself did not import a corporation.
Id. at 662,
Therefore, we conclude the name of the property owner named in the indictment, "Sears Roebuck and Company," was sufficient itself to " 'import[ ] an association or a corporation capable of owning property.' "
Id.
at 83,
NO ERROR.
Judges BERGER and MURPHY concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.