STATE v. KIRKPATRICK

No. 7715SC356.

238 S.E.2d 615 (1977)

34 N.C. App. 452

STATE of North Carolina v. Coy KIRKPATRICK, Anthony Jones, and Randy O. Lee.

Court of Appeals of North Carolina.

November 16, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. W. A. Raney, Jr., Raleigh, for the State.

Daniel H. Monroe, Graham, for Anthony Jones.

Hemric & Hemric by H. Clay Hemric and H. Clay Hemric, Jr., Burlington, for Coy Kirkpatrick and Randy O. Lee.


BROCK, Chief Judge.

Each defendant argues that it was error to submit the case to the jury under a felonious breaking or entering charge founded upon G.S. 14-56. Defendants argue that in order for a breaking or entering to constitute a felonious breaking or entering under G.S. 14-56, it must be alleged and proved that the larceny was of goods of a value of more than $200.00. In other words defendants argue that the grade of the breaking or entering under G.S. 14-56...

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