STATE v. PITTMAN

No. 7218SC204.

188 S.E.2d 694 (1972)

14 N.C. App. 588

STATE of North Carolina v. Lewis Clark PITTMAN.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. William F. O'Connell, for the State.

Eighteenth Dist. Asst. Public Defender J. Dale Shepherd for defendant.


BROCK, Judge.

Defendant assigns as error that the trial judge instructed the jury that it should return a verdict of guilty on the first count in the bill of indictment if it was satisfied beyond a reasonable doubt that defendant broke or entered the premises. It is defendant's argument that this instruction is error because the bill of indictment charges that defendant broke and entered, and therefore the State has the...

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