State v. McAlister

ARNOLD, Judge.

While defendant makes eleven assignments of error, because of our disposition we only find it necessary to discuss two arguments in this opinion.

First, defendant attacks the sufficiency of the evidence on the two burglary charges. He does not contest the assault conviction.

Burglary is defined in North Carolina by the common law and G.S. 14-51 as “the breaking and entering of the dwelling house of another in the nighttime with intent to commit a felony therein.” State v. Cooper, 288 N.C. 496, 499, 219 S.E. 2d 45, 47 (1975). An attempt is generally defined as “an act done with…