State v. Hobgood
docx
keyboard_arrow_up
School
Trident Technical College *
*We aren’t endorsed by this school
Course
LS185
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by MateAntelope15583
Case Brief: State v. Hobgood
Case Name and Citation
State (R) v. Hobgood (At), 112 N.C.App. 262, 434 S.E.2d 881 (1993)
Procedural History
At trial, Defendant was found guilty of second-degree burglary. The defendant lost the right to appeal. Hobgood filed a petition for a writ of Certiorari.
Facts
Keep facts as short as possible. Only include facts that are material to the court's resolution of the dispute. The inclusion of an excessive number of facts will force you to reread too much of the case when you use your brief, and it will make it harder for you to compare and contrast the facts of different cases as you try to understand how each case fits into the area of law involved and how each case compares to your client's fact situation.
Issues (questions presented)
What questions or issues were addressed by the court to resolve the dispute in the case? This is always stated as a question that can be answered with yes or no.
Holding
How did the court answer the issue/questions presented? The holding is the court's application of the law to the facts to resolve the issues in the case. Should always answer the question (yes or no), then give a statement that actually answers the question.
Analysis (Rationale)
Why did the court answer the questions presented as it did; why did the court reach the holding it reached? The rationale is the court's reasoning to explain why it reached its holding.
Concurring/Dissenting Opinions & Comments
In this section you should summarize the concurring or dissenting opinions (if written). If
no opinion is written, but dissenting judges are noted, you should list who has dissented.
Comments - You may not have any at first, but you can always add comments or criticism as you instructions on second and third-degree burglary. The trial judge only instructed the jury of first-degree burglary elements.
Issues (questions presented)
1)
ls the apartment a building as defined by S.C. Code Ann. § 16-11-310 (1987)?
2)
Should the trial judge have instructed the jurylan the elements of each burglary degree as defined by S.C. Code Ann. § 16-11-310 to 16-11-313 (1987)?
Holding
1)
No, the victim's apartment was unquestionably a "dwelling" as defined by S.C. Code. Ann. § 16-11-10 (1976) and S.C. Code Ann. § 16-11-310 (1987).
2)
No, the evidence presented determined the charge of First-degree Burglary as defined by S.C. Code Ann. § 16-11-311 (1987).
Analysis (Rationale)
First-degree burglary is the entry of a dwelling at night without consent. Second-degree burglary is the entry of a dwelling during the day or building at night without consent. Third-degree burglary is the entry of a building during the day. A building is defined as a
structure where people assemble for a purpose or where any person lodges. A dwelling is more specific and defined as any house, outhouse, apartment, or building where a person sleeps. No evidence was present to create a factual dispute on what type of structure was entered.
Conclusion
The Supreme Court affirmed the conviction.
Comments
This case took place directly after degrees of burglary were added to the burglary statute.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help