State v. Powell

. COPELAND, Justice.

For the reasons stated below, we must grant the defendant a new trial on his burglary conviction, and we find no error in the remaining convictions. .

In his first assignment of error, the defendant contends the trial court erred in not submitting to the jury the lesser included offense of second degree burglary as an alternative to a verdict of first degree burglary. We agree; therefore, the defendant must be granted a new trial on his conviction of first degree burglary.

In State v. Tippett, 270 N.C. 588, 155 S.E. 2d 269 (1967), Mr. and Mrs. Patton had been entertaining…