STATE v. McALISTER

No. 8225SC213.

295 S.E.2d 501 (1982)

STATE of North Carolina v. Russell Elliott McALISTER, Jr.

Court of Appeals of North Carolina.

October 5, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. W. A. Raney, Jr. and Associate Atty. Gen. G. Criston Windham, Raleigh, for the State.

John F. Cutchin, Newton, for defendant-appellant.


ARNOLD, Judge.

While defendant makes eleven assignments of error, because of our disposition we only find it necessary to discuss two arguments in this opinion.

First, defendant attacks the sufficiency of the evidence on the two burglary charges. He does not contest the assault conviction.

Burglary is defined in North Carolina by the common law and G.S. 14-51 as "the breaking and entering of the dwelling house of another in the nighttime with intent...

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