State v. Hill

ARNOLD, Judge.

Defendant first contends that the trial court erred in failing to dismiss the charge of felonious breaking or entering, and in charging the jury as to his intent to commit larceny. We disagree.

N.C.G.S. § 14-54 makes it a crime to break or enter any building “with intent to commit . . . larceny therein.” An essential element of the crime is that the intent exist at the time of the breaking or entering. Defendant argues that the evidence, considered as it must be in the light most favorable to the State, State v. Murphy, 280 N.C. 1, 184 S.E. 2d 845 (1971), is not sufficient to…