State v. Pittman

BROCK, Judge.

Defendant assigns as error that the trial judge instructed the jury that it should return a verdict of guilty on the first count in the bill of indictment if it was satisfied beyond a reasonable doubt that defendant broke or entered the premises. It is defendant’s argument that this instruction is error because the bill of indictment charges that defendant broke and entered, and therefore the State has the burden of proving both breaking and entering.

It seems that the public defender is seeking to resurrect an argument which was laid to rest in State v. Jones, 272 N.C. 108, 157…