State v. Hankins

The facts of this case are adequately stated in the majority opinion of the Court of Appeals. The first degree burglary charge was submitted to the jury on the theory that the defendant entered the house with the intent to commit rape or larceny. The jury returned a general verdict of guilty of first degree burglary. The Court of Appeals reversed defendant’s conviction of first degree burglary and remanded the case for sentencing on the lesser-included offense of wrongful breaking or entry, a misdemeanor under G.S. § 14-54(b), holding that there was insufficient evidence to submit to the jury…