State v. Dozier

VAUGHN, Judge.

Defendant’s sole contention on appeal, that the trial court erred “in its charge to the jury, when the Court charged on a lesser included offense, where there was no competent evidence to substantiate the charge,” is without merit. Any person who breaks or enters any building described in G.S. 14-54, with intent to commit any felony or larceny therein, is guilty of a felony. A wrongful breaking or entering into such building, without the intent to commit any felony therein, is a misdemeanor, a lesser included offense within the meaning of G.S. 15-170.

Here, as in State v. Jones,…