State v. Dozier

Court of Appeals of North Carolina

State v. Dozier

200 S.E.2d 348, 19 N.C. App. 740, 1973 N.C. App. LEXIS 1754

CourtCourt of Appeals of North Carolina

DecidedNovember 14, 1973

Docket7326SC671

StatusPublished

Cited by6 cases

This text of 200 S.E.2d 348 (State v. Dozier) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Dozier, 200 S.E.2d 348, 19 N.C. App. 740, 1973 N.C. App. LEXIS 1754 (N.C. Ct. App. 1973).

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Opinion

VAUGHN, Judge.

Defendant’s sole contention on appeal, that the trial court erred “in its charge to the jury, when the Court charged on a lesser included offense, where there was no competent evidence to substantiate the charge,” is without merit. Any person who breaks or enters any building described in G.S. 14-54, with intent to commit any felony or larceny therein, is guilty of a felony. A wrongful breaking or entering into such building, without the intent to commit any felony therein, is a misdemeanor, a lesser included offense within the meaning of G.S. 15-170.

Here, as in State v. Jones, 264 N.C. 134, 141 S.E. 2d 27, evidence as to defendant’s alleged felonious intent was circumstantial. It was not only proper to instruct as to the lesser included offense, it would have been prejudicial error to fail to so instruct. State v. Jones, supra.

No error.

Judges Morris and Baley concur.

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VAUGHN, Judge.

Defendant’s sole contention on appeal, that the trial court erred “in its charge to the jury, when the Court charged on a lesser included offense, where there was no competent evidence to substantiate the charge,” is without merit. Any person who breaks or enters any building described in G.S. 14-54, with intent to commit any felony or larceny therein, is guilty of a felony. A wrongful breaking or entering into such building, without the intent to commit any felony therein, is a misdemeanor, a lesser included offense within the meaning of G.S. 15-170.

Here, as in State v. Jones, 264 N.C. 134, 141 S.E. 2d 27, evidence as to defendant’s alleged felonious intent was circumstantial. It was not only proper to instruct as to the lesser included offense, it would have been prejudicial error to fail to so instruct. State v. Jones, supra.

No error.

Judges Morris and Baley concur.

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Bluebook (online)

200 S.E.2d 348, 19 N.C. App. 740, 1973 N.C. App. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dozier-ncctapp-1973.

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