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STATE v. HUMPHRIES

No. 8618SC218.

348 S.E.2d 167 (1986)

STATE of North Carolina v. Tracy Demont HUMPHRIES and James Edward Jamison.

Court of Appeals of North Carolina.

September 16, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Steven F. Bryant, for the State.

Asst. Public Defender Charles L. White, Greensboro, for defendant Jamison.

Smith, Patterson, Follin, Curtis, James & Harkavy by Charles A. Lloyd, Greensboro, for defendant Humphries.

ARNOLD, Judge.

Defendants contend that there was insufficient evidence to support their convictions for second degree burglary. We agree.

In order to support a conviction for second degree burglary, there must be evidence from which a jury could find that defendants broke and entered a dwelling house at nighttime, with the intent to commit a felony therein. See State v. Wells, 290 N.C. 485, 226 S.E.2d...

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