State v. Tippett

The motion for judgment of nonsuit was properly overruled. The evidence is ample to support a finding of each element of the crime of burglary, these being the breaking and entering in the nighttime of the dwelling house or sleeping apartment of another with the intent to commit therein a felony, which felony must be specified in the bill of indictment. State v. Surles, 230 N.C. 272, 52 S.E. 2d 880; State v. Whit, 49 N.C. 349.

To show a breaking it is not required that the State offer evidence of damage to a door or window, it being sufficient to show a mere pushing or pulling open of an…