STATE v. WENRICH

No. 222.

111 S.E.2d 582 (1959)

251 N.C. 460

STATE v. Edwin WENRICH and Ramon Bujan.

Supreme Court of North Carolina.

December 16, 1959.


Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell and Asst. Atty. Gen. Glenn L. Hooper, Jr., for the State.

Llewellyn & McKenzie, Concord, for defendants, appellants.


PER CURIAM.

In effect the trial judge instructed the jury that, as to each defendant, it should return one of two verdicts, guilty as charged in the bill of indictment or not guilty. "* * * (I)n a prosecution for robbery with firearms, (or other dangerous weapons) an accused may be acquitted of the major charge and convicted of an included or lesser offense, such as common law robbery, or assault, or larceny from the person, or simple larceny,

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