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STATE v. WINSTON

No. 7912SC712.

262 S.E.2d 331 (1980)

STATE of North Carolina v. Anthony Lee WINSTON.

Court of Appeals of North Carolina.

February 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. James C. Gulick, Raleigh, for the State.

John G. Britt Jr., Fayetteville, for defendant-appellant.

HARRY C. MARTIN, Judge.

We hold the trial judge erred by denying defendant's motion to dismiss the action at the close of the state's evidence. N.C.Gen.Stat. 15A-1227(a)(1). For the state to survive the motion to dismiss, it must present evidence that defendant entered a building within the meaning of N.C. G.S. 14-54(b) and that he did so wrongfully, that is, that he entered without any consent or permission of the owner...

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