STATE v. COLEY

No. 7419SC628.

208 S.E.2d 886 (1974)

23 N.C. App. 374

STATE of North Carolina v. John H. COLEY.

Court of Appeals of North Carolina.

October 16, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Alfred N. Salley, Raleigh, for the State.

Coltrane & Gavin by W. E. Gavin, Asheboro, for defendant-appellant.


BALEY, Judge.

Defendant contends that the court did not adequately explain to the jury the elements of the offense of breaking and entering with intent to commit a felony and did not instruct the jury with respect to the lesser included offense of non-felonious breaking and entering.

The State's evidence placed defendant in the house after the break-in. Window panes were broken and glass scattered on the floor. Three bags of frozen food had been removed from...

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