State v. Carelock

HUSKINS, Justice.

We overrule defendant’s first assignment of error based on denial of his motion to dismiss the charge of first degree burglary because no “breaking” had been shown. Opening a closed but unlocked door is a sufficient breaking. State v. Wilson, 289 N.C. 531, 223 S.E. 2d 311 (1976); State v. Craddock, 272 N.C. 160, 158 S.E. 2d 25 (1967); State v. Tippett, 270 N.C. 588, 155 S.E. 2d 269 (1967). Mrs. Lovelace testified that all outside doors were closed. In his incriminating statement offered in evidence by the State, defendant said the back door was open. The conflict in the…