State v. Jones, 411
| Citation | 157 S.E.2d 610,272 N.C. 108 |
| Decision Date | 22 November 1967 |
| Docket Number | No. 411,411 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Hugh Beam JONES. |
Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Geo. A. Goodwyn and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.
Ramsey, Long & Jackson, Roxboro, for defendant appellant.
The portion of the charge to which exception is taken is a correct statement of law and is free from error. The pertinent language of G.S. § 14--54 is, 'If any person, with intent to commit a felony or other infamous crime therein, shall break Or enter * * * any storehouse, shop * * * or other building where any merchandise * * * or other personal property shall be * * * he shall be guilty of a felony * * *' (Emphasis added.) The breaking of the store window with the requisite intent to commit a felony therein completes the offense even though the defendant is interrupted or otherwise abandons his purpose without actually entering the building. State v. Nichols, 268 N.C. 152, 150 S.E.2d 21; State v. Smith, 266 N.C. 747, 147 S.E.2d 165. Although there is no exception to any other portion of the charge we have considered it in its entirety. It contains a detailed summary of the evidence and of the contentions of the State and of the defendant, to which no objection was entered, and with which defendant advised the trial court that he was content. The charge contains a full and accurate statement of the rules of law applicable to such evidence and contentions and to the offense with which the defendant was charged.
No error.
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State v. Coley
...actually completed the crime of larceny. State v. Smith, 66 N.C.App. 570, 312 S.E.2d 222, 225 (1984); see also State v. Jones, 272 N.C. 108, 157 S.E.2d 610, 611 (1967) (“The breaking of the store window with the requisite intent to commit a felony therein completes the offense even though t......
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State v. Myrick, 68A81
...or "entered" the building with the requisite unlawful intent. The state need not show both a breaking and an entering. State v. Jones, 272 N.C. 108, 157 S.E.2d 610 (1967); State v. Barnett, 41 N.C.App. 171, 254 S.E.2d 199 (1979). In the instant case there is substantial evidence of at least......
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U.S. v. Carr
...actually completed the crime of larceny. State v. Smith, 66 N.C.App. 570, 312 S.E.2d 222, 225 (1984); see also State v. Jones, 272 N.C. 108, 157 S.E.2d 610, 611 (1967) ("The breaking of the store window with the requisite intent to commit a felony therein completes the offense even though t......
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State v. O'Neal, 8416SC1311
...a breaking and completes the offense under G.S. 14-54(a) even if defendant never physically enters the building. State v. Jones, 272 N.C. 108, 157 S.E.2d 610 (1967). Entering ones arm through a tear in a screen constitutes an entry. State v. Yarborough, 55 N.C.App. 52, 284 S.E.2d 550 Here, ......