N.C.P.I.—Crim. 214.56

NOTE WELL: Use this instruction only if the defendant

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

14-56.1 or 14-56.3 or remains silent. If he admits the

previous conviction, use N.C.P.I.-Crim. 214.55. (And

see N.C. Gen. Stat. § 15A-928.)

The defendant has been charged with felonious forcible breaking

into a [coin] [currency] -operated machine.

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

prove five things beyond a reasonable doubt:

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

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

Second, that the defendant did so forcibly. (Describe how breaking

occurred) would be a forcible breaking.2

Third, that no authorized person consented to this forcible

breaking.

Fourth, that at the time the defendant broke into 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 the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant forcibly broke into a [coin]

[currency] -operated machine without authority, intending at that time 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], it would be your duty

to return a verdict of guilty of felonious breaking into a [coin] [currency] -

operated machine. 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

felonious forcible breaking into a [coin] [currency] -operated machine but

you must determine whether the defendant is guilty of misdemeanor

forcible breaking into a [coin] [currency] -operated machine. 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 entering] [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 forcibly broke into a [coin]

[currency] -operated machine, without authority, intending at that time to

steal money or property contained therein, it would be your duty to return

a verdict of guilty of misdemeanor breaking into a [coin] [currency] -

operated machine. 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.