Matter of Mitchell

ARNOLD, Judge.

Respondent contends that the trial court “erred in concluding that the alleged delinquent act, burglary in the first degree, N.C.G.S. § 14-51, was proven by the State’s evidence.” We agree.

In order to sustain a conviction, there must be proof of every essential element of the crime charged. State v. Powell, 299 N.C. 95, 261 S.E. 2d 114 (1980). The essential elements of first degree burglary include breaking and entering a dwelling at nighttime, with the intent to commit a felony therein. State v. Wells, 290 N.C. 485, 226 S.E. 2d 325 (1976).

The felony alleged to have been…