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STATE v. KAERNER

No. 754SC687.

220 S.E.2d 397 (1975)

28 N.C. App. 223

STATE of North Carolina v. Donald R. KAERNER.

Court of Appeals of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attys. Daniel C. Oakley and Jo Anne Sanford Routh, Raleigh, for the State.

Grady Mercer, Jr., Jacksonville, for defendant-appellant.

VAUGHN, Judge.

Defendant contends and the State concedes that at the time of this offense, the unlawful taking of a motor vehicle under former G.S. 20-105 was not a lesser included offense of felonious larceny. We agree.

Since the offense was committed before 1 January 1975, an indictment for larceny will not support a conviction for the unlawful taking of a motor vehicle in violation of G.S. 20-105 [repealed effective 1 January 1975]. State v. Stinnett...

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