State v. Surles

It may be argued with much reason that the Legislature ought to have made an attempt to commit burglary an aggra*278vated felony punishable by as much as ten years’ imprisonment in the State’s Prison. But since an investigation of this question has left me with an abiding conviction that it has not done so, I am compelled to note my dissent to both the conclusion and the reasoning of the majority of my brethren.

An attempt to commit burglary is undoubtedly an indictable offense at common law. S. v. Colvin, 90 N.C. 717. But there is no statute specifying in terms whether it is a felony or a…