State v. Bell

HUSKINS, Justice.

When this case was before us on a former appeal, State v. Bell, 284 N.C. 416, 200 S.E. 2d 601 (1973), we awarded a new trial for failure to submit to the jury the lesser included offense of felonious breaking or entering. On retrial the jury was instructed to return either of the following verdicts: (1) Guilty of first degree burglary as charged in the bill of indictment; (2) guilty of non-burglarious breaking and entering with intent to commit a felony or other infamous crime; (8) guilty of non-burglarious breaking and entering without intent to commit a felony or other…