State v. Edwards

PHILLIPS, Judge.

Defendant first argues that the first degree burglary charge should have been dismissed because the State’s evidence failed to show a breaking and entering of the dwelling involved. G.S. 14A-51. We disagree. A burglarious breaking and entering can be *590constructive, as well as actual. State v. Jolly, 297 N.C. 121, 254 S.E. 2d 1 (1979). A constructive breaking may be accomplished in a number of different ways. State v. Henry, 31 N.C. 463 (1849). One way is by tricking the occupant into opening the door, State v. Wilson, 289 N.C. 531, 223 S.E. 2d 311 (1976), another is by…