Legal Question in Criminal Law in North Carolina

Common law defined burglary as the breaking and entering the house of another in the night time, with intent to commit a felony therein, whether the felony be actually committed or not.

In NC, you have first and second degree burglary. No need for it to be at nighttime. First degree involves a crime committed in an occupied building where someone can sleep, such as a primary residence. Second degree involves such a building, but the building is unoccupied at the time of the crime. While common law requires the crime to be a felony, NC considers larceny to be a felony for burglary purposes, regardless of the item's value.