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STATE v. PERSON

No. 36.

259 S.E.2d 867 (1979)

298 N.C. 765

STATE of North Carolina v. Diana PERSON.

Supreme Court of North Carolina.

December 4, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Jane Rankin Thompson, Asst. Atty. Gen., Raleigh, for the State.

Thomas F. East and Larry E. Norman, G. Hugh Moore, Louisburg, for defendant-appellant.

HUSKINS, Justice:

Defendant's first assignment of error is based on denial of her motion for judgment of nonsuit at the close of all the evidence. She contends the State's evidence as to the identity of defendant as the burglar was insufficient to carry the case to the jury.

The constituent elements of burglary in the first degree are: (1) the breaking (2) and entering (3) in the nighttime (4) into a dwelling house or a room used as a sleeping apartment (5...

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