State v. Ford

PHILLIPS, Judge.

G.S. 14-56.1 provides that one who breaks or enters a coin-operated machine with the intent to steal any property therein shall be guilty of a general misdemeanor unless he has been convicted of violating the statute before, in which case the offense is a Class H felony. The primary indictment charging defendant with two violations of this statute was supplemented by a special indictment in accord with G.S. 15A-928, alleging that he had been convicted of the same offense on three prior occasions. The defendant’s convictions under the primary indictment are not contested by…