State v. Freeman

MEYER, Justice.

I

Defendant first assigns as error the trial court’s denial of his motion to dismiss the burglary charge for insufficient evidence on the question of his intent to commit the felony of rape.

For a jury to properly convict a defendant of first degree burglary, the State must produce sufficient evidence at trial that a breaking and entering of an occupied dwelling occurred during the nighttime and that the defendant had the intent to commit a felony therein. N.C. Gen. Stat. § 14-51 (1981); State v. Jones, 294 N.C. 642, 243 S.E. 2d 118 (1978); State v. Garrison, 294 N.C. 270, 240…