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STATE v. ALEXANDER

No. 7317SC238.

197 S.E.2d 272 (1973)

18 N.C. App. 460

STATE of North Carolina v. Charles Edgar ALEXANDER.

Court of Appeals of North Carolina.

Certiorari Denied July 12, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Howard A. Kramer for the State.

Bethea, Robinson & Moore by D. Leon Moore, Reidsville, for defendant appellant.

Certiorari Denied by Supreme Court July 12, 1973.

CAMPBELL, Judge.

Under G.S. § 14-51 second-degree burglary is the crime as defined at the common law, except that the dwelling house must not be occupied by anyone at the time of the commission of the crime.

Burglary consists of five elements: (1) a breaking, (2) an entry, (3) of a dwelling house (mansion-house), (4) in the nighttime, and (5) with the intent to commit a felony therein. State v...

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