State v. Haney, 220 S.E.2d 371 (N.C. Ct. App. 1975). · Go Syfert
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State v. Haney, 220 S.E.2d 371 (N.C. Ct. App. 1975). Cases Citing This Book View Copy Cite
14 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Dobie, No. 13-1143 (N.C. Ct. App. Aug. 5, 2014)
How cited ↗
Cited for
220 S.E.2d at 372 There was no evidence that the value of the stolen motorcycle was less than [the minimum value for felony larceny] and it was therefore, not prejudicial error to fail to instruct the jury on misdemeanor larceny.1 citing case1 citing court put it this way
  • State v. Dobie, No. 13-1143 (N.C. Ct. App. Aug. 5, 2014).unpublished
    (There was no evidence that the value of the stolen motorcycle was less than [the minimum value for felony larceny] and it was therefore, not prejudicial error to fail to instruct the jury on misdemeanor larceny.)
220 S.E.2d at 371 cited at this page1 citing case
  • State v. Hurst, 346 S.E.2d 8 (N.C. Ct. App. 1986).published
    Id. at 214-15, 220 S.E. 2d at 371.
Retrieving the full opinion text from the archive…
State of North Carolina
v.
Harold R. Haney, Jr.
7512SC554.
Court of Appeals of North Carolina.
Dec 17, 1975.
Published opinion
220 S.E.2d 371
1975 N.C. App. LEXIS 1725
Attorney General Edmisten, by Assistant Attorney General Conrad O. Pearson and Associate Attorney T. Lawrence Pollard, for the State. , Smith & Geimer, P.A., by William S. Geimer, for defendant appellant.
Vaughn, Britt, Arnold.
Cited by 6 opinions  |  Published
VAUGHN, Judge.

Defendant urges that his motion for nonsuit should have been granted because he contends there was no evidence of the value of the stolen motorcycle. The following is how the evidence of value was developed:

“Q. Do you have an opinion satisfactory to yourself as to the fair market value of the Harley Davidson Sports-ter motorcycle you owned on the 23rd of August on that day?
A. Do I have one?
Q. Yes.
A. I would not sell it for no less than $2000.”

[*223] Appellant correctly argues that the word “value” as used in the statute does not mean the price at which the owner would sell, but means . . fair market value.” State v. Cook, 263 N.C. 730, 140 S.E. 2d 305. Nevertheless, the statement of the witness in response to the question of value was allowed to stand without exception or motion to strike. Incompetent evidence, if not objected to, may be considered by the court on the question of nonsuit and can be sufficient to take the case to the jury. The motion for nonsuit was properly overruled.

There was no evidence that the value of the stolen motorcycle was less than $200.00 and it was therefore, not prejudicial error to fail to instruct the jury on misdemeanor larceny.

We find no error in defendant’s trial.

No error.

Judges Britt and Arnold concur.