STATE v. AUSTIN

No. 845SC970.

330 S.E.2d 661 (1985)

STATE of North Carolina v. Deborah AUSTIN.

Court of Appeals of North Carolina.

June 18, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Charles H. Hobgood, Asst. Atty. Gen., Raleigh for the State.

Appellate Defender Adam Stein by Geoffrey C. Mangum, Asst. Appellate Defender, Raleigh, for defendant-appellant.


PARKER, Judge.

I.

(Case No. 83CRS17818)

Although defendant was charged in a magistrate's order with misdemeanor larceny, the court instructed the jury in this case on concealment of merchandise. The jury found defendant "[g]uilty as charged," and the court entered judgment of conviction for misdemeanor larceny. This was clearly error as the court instructed the jury on the wrong offense. "Since a correct charge is a fundamental right of every accused...

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