N.C.P.I.—Crim. 216.50

NOTE WELL: See N.C. Gen. Stat. § 15A-928 for

provisions regarding indictment, bifurcated trial, verdict

and judgment.

The defendant has been charged with willfully concealing the goods

or merchandise of a store.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that the defendant concealed [goods] [merchandise] of a

store.

Second, that the defendant acted without authority.

Third, that at that time, the defendant had not purchased the

[goods] [merchandise].

Fourth, that at that time, the defendant was still upon the

premises of the store.

And Fifth, that the defendant acted willfully, that is intentionally

and without justification or excuse. (If you find from the evidence

beyond a reasonable doubt that the [goods] [merchandise] were found

concealed upon or about the defendant's person and that the [goods]

[merchandise] had not been purchased by the defendant, you may infer

that the concealment was willful. However, you are not compelled to do

so. You will consider this evidence together with all of the other

evidence in the case in determining whether the concealment was willful.)

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant, without authority, willfully

concealed [goods] [merchandise] of a store which at that time the

defendant had not purchased, and that at that time he was still upon the

premises of the store, it would be your duty to return a verdict of guilty.

If you do not so find or have a reasonable doubt as to one or more of

these things, it would be your duty to return a verdict of not guilty.