STATE v. NEALY

No. 8314SC53.

308 S.E.2d 343 (1983)

STATE of North Carolina v. Allen W. NEALY and Robert A. Smith.

Court of Appeals of North Carolina.

November 1, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

John M. Bourlon, Durham, for Nealy.

Richard C. Boyd, Durham, for Smith.


ARNOLD, Judge.

The defendants contend that there was no evidence of an "entry" into the vehicle in question, thus making improper the trial court's instruction to the jury that they could infer a larcenous intent from an unlawful breaking or entering. The mere fact that a chain lock prevented the hood from opening beyond 12-18 inches, however, does not preclude a finding that there was an entry. In fact, this Court has found an entry where the defendant was seen ...

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