State v. Perry
State v. Perry
Opinion of the Court
Defendant’s by their assignment of error No. 1, contend that the trial court committed prejudicial error in allowing the State’s motion to consolidate these cases for trial. Defendants concede that
Defendants’ contentions in assignments of error Nos. 2, 3, 4, 5 and 6 are without merit and are overruled.
The remaining assignments of error are directed to the charge of the court. We agree with defendants that prejudicial error appears in the charge entitling them to a new trial. Defendants were charged under G.S. 14-54 which was amended by the 1969 Legislature to read as follows:
“(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein is guilty of a felony and is punishable under G.S. 14-2.
(b) Any person who wrongfully breaks or enters any building is guilty of a misdemeanor and is punishable under G.S. 14-3 (a).
(c) As used in this section, 'building’ shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.”
In its charge to the jury the court read G.S. 14-54 prior to its amendment and instructed the jury that to convict for felonious breaking and entering they must find “that the building was broken into or entered with the intent to commit the felony of larceny or other infamous crime therein” and that in order to convict for a misdemeanor they must .find that the breaking or entering “was done without the intent to commit the felony of larceny or other infamous crime.” These instructions were repeated throughout the charge.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.