State v. McAfee

Defendant’s assignments of error relate to a single question, namely, the sufficiency of the evidence to support a conviction for the crime of burglary in the first degree.

Defendant’s contention is that the State’s case is defective with reference to burglary in the first degree in that it fails to show a breaking within the meaning of that legal term as used and understood at common law in relation to the crime of burglary; and defendant’s contention is brought into focus by his exception to the excerpt from the charge quoted below.

“The Court charges you that there is a sufficient breaking…