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STATE v. SPELLER

No. 792SC528.

259 S.E.2d 784 (1979)

44 N.C. App. 59

STATE of North Carolina v. Robert Lee SPELLER.

Court of Appeals of North Carolina.

November 20, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Benjamin G. Alford, Raleigh, for the State.

Griffin & Martin by Clarence W. Griffin, Williamston, for defendant-appellant.

VAUGHN, Judge.

Defendant contends that his entry was lawful and that, therefore, he cannot be convicted of felonious breaking or entering. Felonious entry is a statutory crime. G.S. 14-54(a). "[A] person cannot be convicted of felonious entry into a store or place of business during normal business hours through a door open to the public because there has not been an unauthorized or unpermitted entry." State v. Boone, 39 N.C. App. 218

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