Dawn Campbell

21 March 2016
Legal Research and writing
Briefing a Case
Citation: State v. Smith, 311 N.C. 145
Facts: The defendant and John Richardson visited Jerome Chavis at his home, the
defendant went to the restroom and told Richardson that he opened the bathroom
window. They went back to the defendants house and got into a car driven by Erick
Kea. They went back to Chaviss house and the defendant produced keys that he
took while he was visiting there earlier. Richardson told his accomplices to boost
him up so he could get in through the open window. Richardson entered the home
and let the defendant and Kea in. The three men searched the house taking various
items. Someone dropped something that woke Chavis, and Defendant, Richardson,
and Kea ran. Defendant was indicted for and convicted of first degree burglary,
breaking or entering a motor vehicle, and larceny.
Procedural History: Defendant appeals decision by a divided panel of Court of
Appeals, 65 N.C. App. 770, 310 S.E.2d 115 (1984), affirming judgment imposed on
defendants conviction of first degree burglary.
Issue: Whether the evidence is sufficient to support defendants guilt of first degree
burglary on a theory of constructive breaking.
Holding: Yes, the Defendant helped boost Richardson into the window and was an
accomplice to the crime.
Reasoning: the evidence supports a finding of defendants guilt on theory of
constructive breaking by procuring and using Richardson to open the door.
Obviating the need for instructions on acting in concert.
Judgment: Modified and Affirmed