State v. Hankins

Judge Hill

dissenting.

I dissent. On review the State is entitled to all reasonable inferences which may be drawn from the evidence. See State v. McKinney, 288 N.C. 113, 215 S.E. 2d 578 (1975). On a charge of burglary the intent to commit a felony must exist at the time of entry, and it is no defense that the defendant abandoned the intent after entering. State v. Wilson, 293 N.C. 47, 235 S.E. 2d 219 (1977).

I believe there is sufficient evidence from which the jury could draw an inference that the defendant intended to gratify his passions when he entered the house, or to commit larceny, albeit…