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STATE v. BELL

No. 1.

208 S.E.2d 506 (1974)

285 N.C. 746

STATE of North Carolina v. Johnas BELL.

Supreme Court of North Carolina.

October 10, 1974.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., William W. Melvin, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

John J. Schramm, Jr., Winston-Salem, for defendant appellant.

HUSKINS, Justice:

When this case was before us on a former appeal, State v. Bell, 284 N.C. 416, 200 S.E.2d 601 (1973), we awarded a new trial for failure to submit to the jury the lesser included offense of felonious breaking or entering. On retrial the jury was instructed to return either of the following verdicts: (1) Guilty of first degree burglary as charged in the bill of indictment; (2) guilty...

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