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STATE v. PEACOCK

No. 307A84.

330 S.E.2d 190 (1985)

313 N.C. 554

STATE of North Carolina v. Calvin Eugene PEACOCK.

Supreme Court of North Carolina.

June 4, 1985.

Attorney(s) appearing for the Case

Adam Stein, Appellate Defender by Malcolm Ray Hunter, Jr., First Asst. Appellate Defender, Raleigh, for defendant-appellant.

Lacy H. Thornburg, Atty. Gen. by Christopher P. Brewer, Asst. Atty. Gen., Raleigh, for the State.

BRANCH, Chief Justice.

Defendant assigns as error the trial court's denial of his request for a jury instruction on the crime of misdemeanor breaking or entering, a lesser included offense of first degree burglary. Defendant's indictment for first degree burglary was based on the theory that he broke and entered with an intent to commit larceny within. Despite his request for an instruction on the lesser offense, the trial...

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