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STATE v. GREEN

No. 68SC146.

162 S.E.2d 513 (1968)

2 N.C. App. 221

STATE of North Carolina v. Edward GREEN.

Court of Appeals of North Carolina.

August 14, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Christine Y. Denson, Staff Attorney, for the State.

Gardner, Connor & Lee, by Turner B. Bunn, III, Wilson, for defendant appellant.

PARKER, Judge.

In connection with the charge of felonious breaking and entering, the court instructed the jury as follows:

"Now, gentlemen of the jury, the Court instructs you in regard to breaking and entering that the least force necessary to effectuate an entrance into a store or building is sufficient to constitute a breaking. And if a person follows through that entrance into a building, then such act would constitute breaking and entering."

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