State v. Dougherty

The opinion of the court was delivered by

Wertz, J.:

Defendant (appellant) was tried on one count of an information charging him with burglary in the nighttime as defined by G. S. 1949, 21-515, and with larceny as defined by section 21-524. The jury returned a verdict of guilty on both charges. The trial court overruled defendant’s motion for a new trial and sentenced defendant to confinement in the state penitentiary for each offense. Defendant appeals and contends that the evidence failed to establish the burglary was committed in the nighttime.

The pertinent portion of G. S. 1949, 21-515,…