State v. Redmond
Court of Appeals of North Carolina
1Opinion of the Court
CAMPBELL, Judge.
The defendant assigns as error the sufficiency of the evidence to sustain a verdict of guilty of felonious breaking and entering because there was no evidence that the defendant intended to commit any crime since nothing was taken from the house.
There is no merit in this position.
In the case of State v. McBryde, 97 N.C. 393, 1 S.E. 925 (1887), it is stated:
“. . . The intelligent mind will take cognizance of the fact, that people do not usually enter the dwellings of others in the night time, when the inmates are asleep, with innocent intent. The most usual intent is to steal,…
2Cases cited2 opinions
- State v. TippettSupreme Court of North Carolina · 1967
- State v. . McBrydeSupreme Court of North Carolina · 1887
3Cited by7 opinions
- State v. HillCourt of Appeals of North Carolina · 1978
- State v. HankinsCourt of Appeals of North Carolina · 1983
- State v. CochranCourt of Appeals of North Carolina · 1978
- State v. HankinsCourt of Appeals of North Carolina · 1983
- State v. HankinsCourt of Appeals of North Carolina · 1983
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