State v. McCoy

WHICHARD, Judge.

Defendant contends the court erred in denying his motion to dismiss the charge of second degree burglary. The court failed to instruct on acting in concert. Accordingly, defendant’s conviction may be upheld only if the evidence supports a finding that he personally committed each element of the offense. State v. Cox, 303 N.C. 75, 85-87, 277 S.E. 2d 376, 383-84 (1981); State v. Smith, 65 N.C. App. 770, 772-73, 310 S.E. 2d 115, 116-17, modified on another point and affirmed, 311 N.C. 145, 316 S.E. 2d 75 (1984). Second degree burglary is the unlawful breaking and entering of an…