N.C.P.I.—Crim. 214.51

NOTE WELL: Use this instruction only if the defendant

denies a previous conviction under N.C. Gen. Stat. §

14-56.1 or remains silent. If he admits the previous

conviction, use N.C.P.I.-Crim. 214.50. (And see N.C.

Gen. Stat. § 15A-928.)

The defendant has been charged with feloniously opening a [coin]

[currency] -operated machine1 by the unauthorized use of [a key] [an

instrument].

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

prove five things beyond a reasonable doubt:

First, that the defendant opened a [coin] [currency]-operated

machine. (Describe machine) is a [coin] [currency] -operated machine.

Second, that the defendant did this by use of a [key] [(describe

instrument)].

Third, that the defendant was not authorized to use this [key]

[(describe instrument)] in such manner.

Fourth, that at the time the defendant opened the machine, he

intended to steal money or property from it; that is, he intended to

deprive the rightful owner permanently of possession of the money or

property.

And Fifth, that the defendant has previously been convicted of

[breaking into] [forcibly opening] [opening by unauthorized use of a key

or other instrument] a [coin] [currency] -operated machine.

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

about the alleged date, the defendant opened a [coin] [currency] -

operated machine, and that he did so by use of a(n) [key] [instrument],

and that the defendant was not authorized to use this [key] [instrument]

in such manner, and that at the time the defendant opened the machine

he intended to steal money or property contained therein, and that the

defendant has previously been convicted of [breaking into] [forcibly

opening] [opening by unauthorized use of a key or other instrument] a

[coin] [currency] -operated machine, it would be your duty to return a

verdict of guilty of feloniously opening a [coin] [currency] -operated

machine by the unauthorized use of a(n) [key] [instrument]. If you do

not so find or have a reasonable doubt as to one or more of these things,

you would not return a verdict of guilty of feloniously opening a [coin]

[currency] -operated machine by the unauthorized use of a(n) [key]

[instrument] but you must determine whether the defendant is guilty of

misdemeanor opening a [coin] [currency] -operated machine by the

unauthorized use of a(n) [key] [instrument]. The misdemeanor differs

from the felony only in that the State need not prove that the defendant

had been previously convicted of [breaking into] [forcibly opening]

[opening by unauthorized use of a key or other instrument] a [coin]

[currency] -operated machine.

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

about the alleged date, the defendant opened a [coin] [currency] -

operated machine without authority by use of a(n) [key] [instrument]

intending at that time to steal money or property contained therein, it

would be your duty to return a verdict of guilty of misdemeanor opening a

[coin] [currency] -operated machine by the unauthorized use of a(n) [key]

[instrument]. If you do not so find or have a reasonable doubt as to one

or more of these things, it would be your duty to return a verdict of not

guilty.