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STATE v. EDMONDSON

No. 838SC1076.

320 S.E.2d 315 (1984)

STATE of North Carolina v. Terris Lee EDMONDSON.

Court of Appeals of North Carolina.

September 18, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Michael T. Mills, Raleigh, for the State.

Adam Stein, Appellate Defender by Marc D. Towler, Asst. Public Defender, Raleigh, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends that the trial court erred in allowing the jury to convict him of both felonious breaking or entering, N.C.Gen.Stat. § 14-54(a) (1981), and felonious larceny pursuant to a breaking or entering, N.C.Gen.Stat. § 14-72(b) (1981). Defendant reasons that felonious breaking or entering is a lesser-included offense of felonious larceny, and therefore that he cannot be convicted of and punished for both.

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