State v. Smith

EXUM, Justice.

The sole issue before the Court is whether the evidence is sufficient to support defendant’s guilt of first degree burglary on a theory of constructive breaking — the only theory upon which the trial court instructed. Defendant contends the evidence supports defendant’s guilt of this crime, if at all, only upon the theory that he acted in concert with others, a theory upon which the trial court did not instruct. We conclude, as did the Court of Appeals, that the evidence supports a constructive breaking theory, but our reasoning in support of that conclusion differs from the…