State v. Gatewood

The opinion of the court was delivered by

Wedell, J.:

The defendant was charged and convicted of burglary in the first degree and was sentenced pursuant to the habitual criminal act.

The defendant appeals. The terms of the sentence are not involved. Appellant’s principal complaint is the evidence did not establish the elements of burglary in the first degree. The burglary statute, G. S. 1935, 21-513, insofar as material, reads:

“Every person who shall be convicted of breaking into and entering, in the nighttime, the dwelling house of another, in which there shall be at the time some human being,…