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STATE v. POWELL

No. 8724SC1231.

371 S.E.2d 724 (1988)

STATE of North Carolina, Appellee, v. Gary POWELL, Appellant.

Court of Appeals of North Carolina.

September 20, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

C. Gary Triggs, Morgantown, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant, by his Assignment of Error No. 5, contends the trial court erred in not arresting judgment on defendant's conviction of felonious larceny. He argues that since there was a mistrial as to the breaking or entering charge, the jury could not find him guilty of felony larceny pursuant to breaking or entering. "A motion in arrest of judgment is directed to some fatal defect appearing on the face of the record." State v. Goss,

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