STATE v. CROWE

No. 7424SC957.

213 S.E.2d 360 (1975)

25 N.C. App. 420

STATE of North Carolina v. Casper CROWE and Alex Buchanan.

Court of Appeals of North Carolina.

Certiorari Denied June 26, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Attys. Gen. W. A. Raney, Jr., and James E. Delaney, Raleigh, for the State.

Kelly Johnson, Newland, for the defendants-appellants.


Certiorari Denied by Supreme Court June 26, 1975.

BROCK, Chief Judge.

Defendants contend that the instructions to the jury were erroneous. The crux of their argument is that the instructions failed to contain a charge on the lesser included offenses of nonfelonious breaking or entering and nonfelonious larceny. The necessity of charging on lesser included offenses arises only when there is evidence upon which the jury could find that a lesser included offense...

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