Checkpoint Stats PA Deferred Prosecution Statue

Cases and Statues on the Need To Properly Allege an Owner Person in Larceny Charges

By Timothy J. Rohr

Based on two unpublished opinions, even magistrate's orders and citations that fail to allege an entity capable of owning property are fatally defective and cannot be amended, since the court never had jurisdiction in the first place?
S. v. Cathey, 162 N.C. App. 350 (2004) (indictment)S. v. Madry, 140 N.C. App. 600 (2000) (amendment of warrant in DC ineffective; non-larceny charge)S. v. Thompson, 6 N.C. App. 64 (1969) (warrant)S. v. Chance, 191 N.C. App. 252 (2008) (unpublished; magistrate's order)S. v. Coleman, 188 N.C. App. 633 (2008) (unpublished; citation)S. v. Whittington, COA11-1197 (6-19-2011) (fatal defect in indictment insufficient for court ever to obtain jurisdiction) NCGS ยงยง 15A-921 through -924