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STATE v. YOUNG

No. 8110SC196.

283 S.E.2d 812 (1981)

STATE of North Carolina v. Robert Edward YOUNG.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Michael Rivers Morgan, Raleigh, for the State.

Asst. Appellate Defender Marc D. Towler, Adam Stein, Appellate Defender, Raleigh, for defendant-appellant Robert Edward Young.

ROBERT M. MARTIN, Judge.

The defendant first argues that his conviction for larceny from the person is invalid because that offense is not a lesser included offense of common law robbery governed by N.C.Gen.Stat. § 15-170. We disagree.

While larceny from the person does carry the same penalty as common law robbery, the North Carolina courts have treated larceny from the person as a lesser included offense. See State v. McLawhorn,

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