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STATE v. BENFIELD

No. 19.

179 S.E.2d 388 (1971)

278 N.C. 199

STATE of North Carolina v. Donald James BENFIELD.

Supreme Court of North Carolina.

March 10, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Sidney S. Eagles, Jr., and Staff Attorney Russell G. Walker, Jr., Raleigh, for the State.

Thomas M. Starnes, Morganton, for defendant appellant.

BOBBITT, Chief Justice.

In his charge, the court instructed the jury they could return one of two verdicts, either guilty of larceny from the person or not guilty. They were instructed it would be their duty to return a verdict of guilty of larceny from the person if satisfied from the evidence beyond a reasonable doubt "that the defendant Benfield took and carried away forty dollars ($40.00) of United States money, from the person of Tom Mace, without his...

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