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STATE v. WHITAKER

No. 8110SC678.

286 S.E.2d 640 (1982)

STATE of North Carolina v. Stanley Curtis WHITAKER.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Kucharski, Raleigh, for the State.

Malcolm R. Hunter, Jr., Asst. Appellate Defender, Raleigh, for defendant-appellant.

WHICHARD, Judge.

Defendant contends the evidence supported submission to the jury of the charge of assault, a lesser included offense of attempted common law robbery. We agree, and accordingly award a new trial.

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

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