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STATE v. MCCULLOUGH

No. 8524SC303.

333 S.E.2d 537 (1985)

STATE of North Carolina v. Bobby Ray (sic) McCULLOUGH.

Court of Appeals of North Carolina.

September 3, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant-appellant.

ARNOLD, Judge.

The sole issue presented for review is whether the trial court erred by submitting as a possible verdict guilty of unauthorized use of a motor conveyance. Defendant argues that unauthorized use of a motor vehicle is not a lesser included offense of common law robbery; and, therefore, that he was convicted of a crime for which he had not been indicted. We agree, and reverse defendant's conviction.

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