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STATE v. POWELL

No. 50.

255 S.E.2d 154 (1979)

297 N.C. 419

STATE of North Carolina v. James Alfonzo POWELL.

Supreme Court of North Carolina.

June 12, 1979.

Attorney(s) appearing for the Case

O. Hampton Whittington, Jr., Durham, for defendant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

COPELAND, Justice.

For the reasons stated below, we must grant the defendant a new trial on his burglary conviction, and we find no error in the remaining convictions.

In his first assignment of error, the defendant contends the trial court erred in not submitting to the jury the lesser included offense of second degree burglary as an alternative to a verdict of first degree burglary. We agree; therefore, the defendant

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