STATE v. COWARD

No. 818SC338.

283 S.E.2d 536 (1981)

STATE of North Carolina v. Calvin Angelo COWARD.

Court of Appeals of North Carolina.

November 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., Douglas A. Johnston, Raleigh, for the State.

Appellate Defender, Adam Stein by Asst. Appellate Defenders, Marc D. Towler, Raleigh, Malcolm R. Hunter, Jr., Fayetteville, and M. Christopher Kemp, Lumberton, for the defendant-appellant.


ROBERT M. MARTIN, Judge.

Defendant assigns as error the failure of the trial judge to submit to the jury the offense of unauthorized use of a motor vehicle, N.C.Gen.Stat. § 14-72.2(a), as a lesser included offense. We agree with the defendant and for this reason the defendant is entitled to a new trial.

All of the essential elements of the crime of unauthorized use of a motor conveyance, N.C.Gen.Stat. § 14-72.2(a) are included in larceny, N.C.Gen...

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