State v. Costigan

MARTIN (Robert M.), Judge.

By his appeal, defendant challenges the sufficiency of the evidence to justify submission to the jury of the issue of felonious breaking and entering in violation of N.C. Gen. Stat. § 14-54(a). More specifically, the defendant argues that the State failed to present sufficient evidence of an essential element of the crime as charged, i.e., an intent to commit larceny. We disagree.

N.C. Gen. Stat. § 14-54(a) makes it a crime to break or enter any building “with intent to commit ... larceny therein.” An essential element of the crime is the specific intent to steal…