STATE v. HANKINS

No. 535A83.

313 S.E.2d 579 (1984)

310 N.C. 622

STATE of North Carolina v. Michael Jay HANKINS.

Supreme Court of North Carolina.

April 3, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by John R.B. Matthis, Sp. Deputy Atty. Gen., and Philip A. Telfer, Asst. Atty. Gen., Raleigh, for the State appellant.

William Norton Mason, Wilmington, for defendant-appellee.


PER CURIAM.

The facts of this case are adequately stated in the majority opinion of the Court of Appeals. The first degree burglary charge was submitted to the jury on the theory that the defendant entered the house with the intent to commit rape or larceny. The jury returned a general verdict of guilty of first degree burglary. The Court of Appeals reversed defendant's conviction of first degree burglary and remanded the case for sentencing on the lesser...

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