State v. Brewer

EAGLES, Judge.

By his sole assignment of error defendant argues that the trial court erred in denying his motion to dismiss the charge of first degree burglary. Defendant contends that the State’s proof was fatally at variance from the indictment because the felonious intent alleged was not the felonious intent proved. We disagree.

The indictment charging defendant with the crime of first degree burglary alleged that the defendant feloniously broke and entered the occupied dwelling of Gwendolyn Hill during the nighttime with the intent to commit the felony of larceny. The trial judge instructed…