STATE v. GANTT

No. 7525SC245.

217 S.E.2d 3 (1975)

26 N.C. App. 554

STATE of North Carolina v. Ronnie GANTT and Steve Arnette.

Court of Appeals of North Carolina.

Certiorari Denied August 25, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. T. Buie Costen, Raleigh, for the State.

Robert E. Hodges, Morganton, for defendant Gantt.

C. Gary Triggs, Morganton, for defendant Arnette.


Certiorari Denied by Supreme Court August 25, 1975.

CLARK, Judge.

The defendants contend that the trial court committed prejudicial error in failing to charge the jury on the lesser included offense of nonfelonious breaking and entering. The necessity for such a charge, however, arises ". . . when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed. The presence of such evidence is the...

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