HARRY C. MARTIN, Judge.
Defendant's counsel, in apt time, requested the trial judge to instruct the jury on the crime of unauthorized use of a motor vehicle, N.C.G.S. 14-72.2(a), as a lesser included offense.
The court declined so to do and defendant assigns this as error. We agree with defendant and for this reason a new trial must be ordered.
It is true that the Supreme Court in State v. Wall,
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