N.C.P.I.—Crim. 214.30

The defendant has been charged with felonious breaking or entering

into another's building without his consent with the intent to commit a

felony.

For you to find the defendant guilty of this offense, the State must

prove four things beyond a reasonable doubt.

First, that there was

[a breaking1 by the defendant. (State how breaking allegedly

occurred) would be a breaking.]

[an entry by the defendant. (State how entry allegedly occurred)

would be an entry.]

[either a breaking1 or an entry by the defendant. (State how

breaking allegedly occurred) would be a breaking. (State how entry

allegedly occurred) would be an entry.]

Second, the State must prove that it was a building that was

[broken into] [entered] [broken into or entered].

Third, that the [owner] [tenant], did not consent to the [breaking]

[entering] [breaking or entering].

And Fourth, that at the time of [breaking] [entering] [breaking or

entering], the defendant intended to commit the felony of (name

felony).2

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant [broke into] [entered] [broke into

or entered] a building without the consent of the [owner] [tenant],

intending at that time to commit (name felony), it would be your duty to

return a verdict of guilty of felonious breaking or entering. If you do not

so find or if you have a reasonable doubt as to one or more of these

things, you will not return a verdict of guilty of felonious breaking or

entering3 but must determine whether the defendant is guilty of non-felonious breaking or entering.4 Non-felonious breaking or entering

differs from felonious breaking or entering in that it need not be done

with the intent to commit a felony so long as the breaking or entering

was wrongful, that is, without any claim of right.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant wrongfully [broke into] [entered]

[broke into or entered] another person's building without his consent, but

do not find beyond a reasonable doubt that he intended to commit (name

felony), it would be your duty to return a verdict of guilty of non-felonious

breaking or entering. If you do not so find or if you have a reasonable

doubt as to one or more of these things, it would be your duty to return a

verdict of not guilty.