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STATE v. PEARCY

No. 8028SC697.

272 S.E.2d 610 (1980)

STATE of North Carolina v. Anthony Jerome PEARCY.

Court of Appeals of North Carolina.

December 16, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Evelyn M. Coman, Raleigh, for the State.

Whalen, Hay & Cash by Gary S. Cash, Asheville, for defendant appellant.

WEBB, Judge.

The question posed by this appeal is whether a defendant who is tried for acting in concert with others to commit felonious larceny, after a felonious breaking or entering, may be convicted of felonious larceny if the jury does not reach a verdict as to the felonious breaking or entering. The appellant contends we are bound by State v. Keeter, 35 N.C. App. 574, 241 S.E.2d 708 (1978). In Keeter, it was...

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