State v. . Rodgers

The appeal presents no serious exceptive assignment of error so far as concerns the trial on the first and fourth counts in the bill.

Tbe defendants by their motion to nonsuit on the second count challenge the sufficiency of the evidence to warrant a verdict of burglary in the second degree. C. S., 4232. They say there was no “breaking” such .as is required in burglary. S. v. Morris, 215 N. C., 552, 2 S. E. (2d), 554. The evidence was properly submitted to the jury on the theory of a constructive breaking under authority of S. v. Foster, 129 N. C., 704, 40 S. E., 209. There it was said: “We…