STATE v. DOWNING

No. 161PA84.

326 S.E.2d 256 (1985)

STATE of North Carolina v. Curtis DOWNING.

Supreme Court of North Carolina.

February 27, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. and Jane P. Gray, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender, Raleigh, for defendant-appellant.


BRANCH, Chief Justice.

Defendant challenges his conviction of felonious larceny based upon two separate theories: (1) that double jeopardy principles prohibit conviction and sentencing for both felonious breaking or entering and felonious larceny; and (2) that as the result of a fatal variance between the indictment and the evidence as to the ownership of the stolen property, the larceny conviction cannot be sustained. The record supports defendant's position that...

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