STATE v. HERMAN

No. 7926SC872.

264 S.E.2d 122 (1980)

46 N.C. App. 711

STATE of North Carolina v. Anthony Jerome HERMAN.

Court of Appeals of North Carolina.

March 18, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. James C. Gulick, Raleigh, for the State.

Asst. Public Defender Mary B. Chamblee, Charlotte, for defendant-appellant.


HILL, Judge.

The sole question before this Court is whether the court erred in refusing to submit to the jury an issue of guilt of unauthorized use of a motor-propelled conveyance as provided in G.S. 14-72.2 [as rewritten by the 1977 General Assembly] as a lesser included offense of the larceny of an automobile under G.S. 14-72, for which the defendant was convicted.

Assuming arguendo that the unauthorized use of a motor vehicle is a lesser included offense...

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