State v. Watts

WELLS, Judge.

Defendant assigns error to the trial court’s denial of his motion to dismiss for insufficiency of the evidence. The constituent elements of first degree burglary are the breaking and entering in the nighttime into a dwelling house or a room used as a sleeping apartment which is occupied at the time of the offense with the intent to commit a felony therein. State v. Person, 298 N.C. 765, 259 S.E. 2d 867 (1979). There was sufficient evidence in this case to allow the jury to find each of these elements.

Under this assignment, defendant first contends that the State failed to prove…