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STATE v. DONALD

No. 8025SC801.

275 S.E.2d 531 (1981)

STATE of North Carolina v. Ronnie Alan DONALD.

Court of Appeals of North Carolina.

March 17, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by William W. Melvin, Deputy Atty. Gen., and William B. Ray, Asst. Atty. Gen., Raleigh, for the State.

Triggs & Mull by C. Gary Triggs, Morgantown, for defendant-appellant.

BECTON, Judge.

Defendant's first assignment of error is that the trial court failed "to instruct the jury as to the lesser included offense of reckless driving (G.S. 20-140(c))." The law in North Carolina is clear on this issue:

When a defendant is indicted for a criminal offense he may be convicted of the charged offense or of a lesser included offense when the greater offense charged in the bill contains all the essential elements of the lesser offense...

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