State v. Person

HU SKINS, Justice.

Defendant’s first assignment of error is based on denial of her motion for judgment of nonsuit at the close of all the evidence. She contends the State’s evidence as to the identity of defendant as the burglar was insufficient to carry the case to the jury.

The constituent elements of burglary in the first degree are: [1] the breaking (2) and entering (3) in the nighttime (4) into a dwelling house or a room used as a sleeping apartment (5) which is actually occupied at the time of the offense (6) with the intent to commit a felony therein. State v. Wells, 290 N.C. 485, 226…