STATE v. HILL

No. 785SC320.

247 S.E.2d 295 (1978)

38 N.C. App. 75

STATE of North Carolina v. Terry Ray HILL.

Court of Appeals of North Carolina.

September 19, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Norman M. York, Jr., Raleigh, for the State.

George H. Sperry, Wilmington, for defendant-appellant.


ARNOLD, Judge.

Defendant first contends that the trial court erred in failing to dismiss the charge of felonious breaking or entering, and in charging the jury as to his intent to commit larceny. We disagree.

N.C.G.S. § 14-54 makes it a crime to break or enter any building "with intent to commit . . . larceny therein." An essential element of the crime is that the intent exist at the time of the breaking or...

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