NC · jury_instructions
N.C.P.I.—Crim. 216.96
FELONIOUS LARCENY OF HORSES, MULES, SWINE, CATTLE, OR DOGS. FELONY.
NOTE WELL: Although the subject of the statute is
plural under N.C. Gen. Stat. § 12-3(1), it is interpreted
to include theft of only one of the specified animals.
Where appropriate the instruction should be changed to
reflect the singular.
The defendant has been charged with felonious larceny of [horses]
[mules] [swine] [cattle] [dogs].
For you to find the defendant guilty of this offense, the State must
prove five things beyond a reasonable doubt:
First, that the defendant took [horses] [mules] [swine] [cattle]
[dogs] belonging to the victim. ((Describe conduct) would be a taking.)
Second, that the defendant carried away1 the [horses] [mules]
[swine] [cattle] [dogs].
Third, that the owner did not consent to the taking and carrying
away of the [horses] [mules] [swine] [cattle] [dogs].
Fourth, that the defendant intended to deprive the owner of the
use of the [horses] [mules] [swine] [cattle] [dogs] permanently.2
And Fifth, that the defendant knew he was not entitled to take the
[horses] [mules] [swine] [cattle] [dogs].3
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant took and carried away the victim's
[horses] [mules] [swine] [cattle][dogs] without his consent, knowing that
he, the defendant, was not entitled to take the animals and intending at
that time to deprive the owner of the use of the animals permanently, 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.4
History
N.C.P.I.—Crim. 216.96 (February 2003). N.C. Gen. Stat. § 14-81. 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
dcb3f820e76025a62cbd85c12b5ee8224456c5579de77104e748f7b33dd96b04
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