NC · jury_instructions
N.C.P.I.—Crim. 214.72
BUYING TIMBER DIRECTLY FROM THE OWNER AND FAILING TO MAKE PAYMENT IN FULL.
The defendant has been charged with buying timber directly from the
owner and failing to make payment in full. 1
For you to find the defendant guilty of this offense, the State must prove
two things beyond a reasonable doubt:
First, that the defendant bought timber directly from the owner of the
timber.
And Second, that the defendant failed to make payment in full to the
owner [by the date specified in the written timber sales agreement] [within
60 days from the date that the buyer removes the timber from the property].
(Evidence that the defendant failed to make payment in full within 10
days after the mailing or personal delivery of the written notification of the
owner’s demand for payment shall constitute prima facie evidence of intent.
You may, but are not compelled to, find the defendant intentionally failed to
make payment in full to the owner.)
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant bought timber directly from the owner
of the timber and failed to make payment in full to the owner by [the date
specified in the written timber sales agreement] [60 days from the date that
the buyer removes the timber from the property] (nothing else appearing), it
would be your duty to return a verdict of guilty. If you do not so find or if you
have a reasonable doubt as to one or more of these things, it would be your
duty to return a verdict of not guilty. 2
History
N.C.P.I.—Crim. 214.72 (September 2024). N.C. Gen. Stat. §§ 14-135(a)(2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
4bcc8d52244e6df9a808688186ef902102a11262a55555ff0bf74133bd2c355d
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