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272 N.C. 108

157 S.E.2d 610

State v. Jones

Supreme Court of North Carolina

Decided November 22, 1967

Supreme Court of North Carolina · decided 1967-11-22

Relies on State v. Smith · State v. Nichols

Good law ✅— No negative treatment on recordhow we know

Decided 1967-11-22

How this case has been cited

Cited by 14 later decisions — most recently January 2010

2 federal appellate · 12 state decisions

60196719701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 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, *110 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.

¶2 No error.

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