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STATE v. JACKSON

No. COA03-169.

592 S.E.2d 575 (2004)

STATE of North Carolina v. Michael O'Brian JACKSON.

Court of Appeals of North Carolina.

February 17, 2004.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Clara D. King, for the State.

Appellate Defender Staple Hughes, by Assistant Appellate Defender Katherine Jane Allen, for defendant-appellant.

McCULLOUGH, Judge.

Michael O'Brian Jackson (defendant) was found by a jury to be not guilty of the charges of felonious breaking and entering and felonious larceny, but guilty of the charge of felonious breaking and entering of a motor vehicle. The verdict of the jury was based upon the following facts of record: On the night and early morning of 28 February—1 March 2002, the temperature was approximately forty degrees in Hendersonville, North Carolina. During...

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