State v. Ellis, 368 N.C. 342

Early-morning stop of a vehicle and trailer on NC State campus revealed four large rolls of copper wire and muddy clothing; wire was taken from a fenced electrical substation and remaining spool was badly damaged.
Wake County grand jury returned indictments charging Ellis with felonious larceny, injury to personal property (>$200), first-degree trespass, and possession of stolen property (separate file for alleged stolen trailer).
Ellis consented to superseding informations that altered the ownership allegation: original indictment alleged ownership by “NC State University High Voltage Distribution”; the information alleged ownership by “North Carolina State University (NCSU) and NCSU High Voltage Distribution.”
Jury convicted Ellis on all counts; trial court consolidated and sentenced.
On appeal, Ellis argued the information was facially deficient because it failed to allege that “NCSU High Voltage Distribution” was a legal entity capable of owning property; Court of Appeals vacated the injury-to-property conviction and remanded for resentencing.
Supreme Court reversed the Court of Appeals, holding a pleading that names multiple owners is not facially invalid so long as at least one alleged owner is an entity capable of owning property (here, North Carolina State University).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an information alleging multiple owners is facially defective if one named owner is not alleged to be a legal entity capable of owning property	State: pleading is valid if it alleges at least one owner capable of owning property	Ellis: because information named “NCSU High Voltage Distribution” without alleging it could own property, the count was fatally deficient and trial court lacked jurisdiction	Court: pleading not facially invalid where at least one named owner (NCSU) is an entity capable of owning property; reversed Court of Appeals

State v. Hunt, 357 N.C. 257 (discusses requirement that indictment allege essential elements)
State v. Thornton, 251 N.C. 658 (requires ownership be alleged in a person or legal entity capable of owning property)
State v. Jessup, 279 N.C. 108 (distinguishes indictments naming non-entities when a legitimate owner is also alleged)
State v. Greene, 289 N.C. 578 (addresses fatal variance between indictment and proof regarding owners)
State v. Eppley, 282 N.C. 249 (identifies owner identity as material element in injury-to-property offenses)
State v. Sturdivant, 304 N.C. 293 (holds valid indictment is essential to trial court jurisdiction)