STATE v. SQUALLS

No. 8212SC1237.

309 S.E.2d 558 (1983)

STATE of North Carolina v. Cornelius SQUALLS, Jr.

Court of Appeals of North Carolina.

December 20, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Charles H. Hobgood, Raleigh, for the State.

James R. Parish, Fayetteville, for defendant-appellant.


PHILLIPS, Judge.

Defendant contends that his trial was erroneously prejudiced in two respects. Neither contention has merit, in our opinion.

Defendant's first contention is that his motion to dismiss the charge of second degree burglary should have been granted because the evidence does not show that the breaking and entry occurred in the nighttime, a necessary element of the crime involved. G.S. 14-51. Though the evidence is silent as to just when the house...

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