State v. Bell

BRANCH, Justice.

The single question presented for decision is whether the trial judge erred by failing to submit to the jury the lesser included offense of felonious breaking or entering.

Burglary in the first degree is the breaking and entering during, the • nighttime of an occupied dwelling or sleeping apart ment with intent to commit a felony therein. G.S. 14-51; State v. Cox, 281 N.C. 131, 187 S.E. 2d 785.

G.S. 14-54(a) provides: “Any person who breaks or enters any building with intent to commit any felony or larceny therein is guilty of a felony and is punishable under G.S. 14-2.”

The…