STATE v. RAY

No. 7126SC503.

184 S.E.2d 391 (1971)

12 N.C. App. 646

STATE of North Carolina v. Johnny Eugene RAY.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Eugene Hafer and Associate Atty. Ann Reed, Raleigh, for the State.

Plumides & Plumides by Michael S. Shulimson, Charlotte, for defendant appellant.


GRAHAM, Judge.

Defendant assigns as error the denial of his motion for judgment of nonsuit made at the close of the State's evidence and renewed at the close of all of the evidence. This assignment of error is overruled.

Defendant contends that while the evidence was sufficient to show a breaking or entering, it failed to establish that defendant entered the apartment with the intent to commit larceny therein as charged in the bill of indictment. When an indictment...

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