STATE v. BARNES

No. 887SC104.

372 S.E.2d 352 (1988)

91 N.C. App. 484

STATE of North Carolina v. Irvin BARNES.

Court of Appeals of North Carolina.

October 4, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isham B. Hudson, Jr., Raleigh, for State.

Lee, Reece & Weaver by W. Earl Taylor, Jr., Wilson, for defendant-appellant.


ORR, Judge.

I.

Defendant first assigns as error the trial court's allowing the jury to consider a charge of burglary based on the acting in concert principle. Defendant contends that the State failed to present evidence showing that defendant was present at the scene of the burglary or that the burglary was pursuant to a common plan.

Evidence presented at trial relevant to this issue is as follows: On 5 January 1987, defendant's uncle, Plummer Ruffin...

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