State v. Boone

HEDRICK, Judge.

Defendant first assigns as error the failure of the trial judge to grant his motion for judgment as of nonsuit with respect to the charge of felonious entry. Defendant contends that a person cannot be convicted of felonious entry into a store or place of business during normal business hours through a door open to the public because there has not been an unauthorized or unpermit-ted entry. We agree.

Although the precise issue presented by this assignment of error has never been addressed by the North Carolina courts, we think the case of State v. Goffney, 157 N.C. 624, 73 S.E.…