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STATE v. ROGERS

No. 7027SC474.

177 S.E.2d 301 (1970)

9 N.C. App. 702

STATE of North Carolina v. Max V. ROGERS.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., William W. Melvin and T. Buie Costen, Asst. Attys. Gen., for the State.

Jeffrey M. Guller, Gastonia, for defendant appellant.

HEDRICK, Judge.

The defendant assigns as error the following portion of the trial judge's instructions to the jury:

"I instruct you, members of the jury, that if you find from the evidence and beyond a reasonable doubt, the burden being upon the State to so satisfy you that on the 3rd day of February, 1970, the defendant Max Rogers broke into or entered the Holmsley dwelling and that said residence or dwelling had personal property situated therein at the...

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