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Criminal Law Keyed to Ohlin
State v. Carswell
Citation:
296 N.C. 101 (1978)Facts
After an inspection, a security guard for a motel realized that five or six rooms had been broken into during the night. In one of the rooms, room 158, a window air conditioner had been pried away from the base on which it rested in the bottom of the window, but it had not been removed.
The security guard went to report the incident to the police, and asked a helper to stay at the motel. While he was gone, a pickup truck pulled into the motel with three people in it, one being the defendant. They wanted to get into the motel and claimed they were sent there by their boss, but the helper would not let them in.
Later that night, the defendant and another man walked onto the premises of the motel and entered Room 158. The security guard was guarding the rooms and witnessed them take the air conditioner off its stand and put it on the floor. It was moved approximately four to six inches towards the door.
After putting the air conditioner on the floor, the men left the room. The guard stopped them and called the police.
Later that same night, a pickup truck was seen driving up and down a road adjacent to the motel. The helper testified that it was the same truck she had seen earlier that morning.
The defendant testified that he was drinking with a friend and they went to the to lie down because they were tired and drunk. He said he did not touch the air conditioner at any time and that he had not gone to the motel earlier that day. He was convicted of larceny and breaking and entering. The Court of Appeals reversed the larceny conviction, holding that the movement of the air conditioner in this case was an insufficient taking to constitute a case of larceny.
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