STATE v. FRAZIER

No. 708SC457.

177 S.E.2d 729 (1970)

10 N.C. App. 178

STATE of North Carolina v. Gregory FRAZIER.

Court of Appeals of North Carolina.

December 16, 1970.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Roy A. Giles, Jr., Raleigh, Staff Atty., for the State.

Aycock, LaRoque, Allen, Cheek & Hines, by F. Fred Cheek, Jr., Kinston, for defendant appellant.


GRAHAM, Judge.

The sole assignment of error brought forward and argued by defendant is based upon the failure of the trial court to submit to the jury the issue of defendant's guilt of lesser included offenses. This assignment of error is overruled.

"The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree...

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