State v. Kirkpatrick

BROCK, Chief Judge.

Each defendant argues that it was error to submit the case to the jury under a felonious breaking or entering charge founded upon G.S. 14-56. Defendants argue that in order for a breaking or entering to constitute a felonious breaking or entering under G.S. 14-56, it must be alleged and proved that the larceny was of goods of a value of more than $200.00. In other words defendants argue that the grade of the breaking or entering under G.S. 14-56 depends upon the grade of the larceny alleged and proved. In this case all of the evidence established that the value of the…