Heard in the Court of Appeals 20 October 1999. Attorney General Michael F. Easley, by Assistant Attorney General Laura E. Crumpler, for the State. Daniel Shatz for defendant-appellant. Defendant was tried at the 13 October 1997 session of Durham County Superior Court for felony breaking and entering and for being an habitual felon. The jury returned a verdict on 16 October 1997, finding him guilty of felony breaking and entering and further finding him to be an habitual felon.
Defendant now appeals.
She observed him for about forty-five seconds and detected that he was unarmed. She then ran to get her grandmother and uncle, who werealso living in the house. When her uncle returned to the bedroom, the intruder was gone. When police inspected the area outside the window, they observed that a trash barrel had been moved directly underneath the window and that the window screen had been torn off. American with a goatee and freckles around his nose and cheeks.