State v. Surles

We are here called upon to say, first, whether the case survives the demurrers, and, second, whether the verdict supports the judgment.

*2751. Considering the evidence in its most favorable light for the prosecution, the accepted position on motion to nonsuit, we agree with the trial court that the inferences are such as to require the submission of the evidence to the jury.

Burglary is a common-law offense. S. v. Mumford, 227 N.C. 132, 41 S.E. 2d 201. It consists of the felonious breaking and entering of the dwelling-house or sleeping apartment, of another, in the nighttime, with intent to commit a…