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STATE v. TIPPETT

No. 744.

155 S.E.2d 269 (1967)

270 N.C. 588

STATE of North Carolina v. Edward Keith TIPPETT.

Supreme Court of North Carolina.

June 20, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Staff Atty. Wilson B. Partin, Jr., and Staff Atty. Ralph White, Jr., Raleigh, for the State.

Arthur Vann, Durham, for defendant appellant.

LAKE, Justice.

The motion for judgment of nonsuit was properly overruled. The evidence is ample to support a finding of each element of the crime of burglary, these being the breaking and entering in the nighttime of the dwelling house or sleeping apartment of another with the intent to commit therein a felony, which felony must be specified in the bill of indictment. State v. Surles, 230 N.C. 272, 52 S.E.2d 880; State v. Whit, 49 N.C. 349.

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