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STATE v. LEE

No. 876SC432.

363 S.E.2d 656 (1988)

88 N.C. App. 478

STATE of North Carolina v. Charlie LEE.

Court of Appeals of North Carolina.

January 19, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. Doris J. Holton, Raleigh, for state.

Thomas I. Benton, Roanoke Rapids, for defendant appellant.

PHILLIPS, Judge.

Defendant's conviction of larceny from the person, G.S. 14-72(b)(1), cannot stand because the record shows that the larceny involved was not from the person of the complainant as charged in the bill of indictment, but was from an unattended grocery cart. In pertinent part the evidence presented, all by the State, shows only that: Lois Strickland, while shopping at the Farm Fresh Store in Roanoke Rapids, had her shoulder handbag in the grocery cart...

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