STATE v. MORRIS

No. 8526SC632.

339 S.E.2d 834 (1986)

STATE of North Carolina v. George Anthony MORRIS.

Court of Appeals of North Carolina.

March 4, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. David E. Broome, Jr., Raleigh, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Gail M. Phillips, Charlotte, for defendant-appellant.


COZORT, Judge.

The defendant was convicted, upon an indictment proper in form, of felonious larceny and was sentenced to four years in prison. Defendant was acquitted of felonious breaking and entering. The defendant appealed his conviction assigning error to the trial court's refusal to instruct the jury on the lesser included offense of misdemeanor larceny. We hold that the judge's failure to instruct on the lesser included offense was not error. The evidence follows...

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