State v. Alexander

CAMPBELL, Judge.

Under G.S. 14-51 second-degree burglary is the crime as defined at the common law, except that the dwelling house must not be occupied by anyone at the time of the commission of the crime.

Burglary consists of five elements: (1) a breaking, (2) an entry, (3) of a dwelling house (mansion-house), (4) in the nighttime, and (5) with the intent to commit a felony therein. State v. Whit, 49 N.C. 349 (1857).

Breaking is an essential element of the crime. More is required than merely the crossing of an imaginary line.

“[Tjhere must be a breaking, removing, or putting aside of something…