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STATE v. McCOY

No. 858SC192.

339 S.E.2d 419 (1986)

STATE of North Carolina v. Kenneth Luther McCOY, aka Jason McCoy.

Court of Appeals of North Carolina.

February 4, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Associate Atty. Gen. J. Allen Jernigan, Dept. of Justice, Raleigh, for the State.

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

WHICHARD, Judge.

Defendant contends the court erred in denying his motion to dismiss the charge of second degree burglary. The court failed to instruct on acting in concert. Accordingly, defendant's conviction may be upheld only if the evidence supports a finding that he personally committed each element of the offense. State v. Cox, 303 N.C. 75, 85-87, 277 S.E.2d 376, 383-84 (1981); State v. Smith, 65 N.C. App. 770...

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