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STATE v. HARRIS

No. 8826SC183.

372 S.E.2d 336 (1988)

91 N.C. App. 526

STATE of North Carolina v. Willie Darryl HARRIS.

Court of Appeals of North Carolina.

October 4, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Barbara A. Shaw, Raleigh, for State.

DeVore and Mundorf by Jon G. Mundorf, Charlotte, for defendant-appellant.

PHILLIPS, Judge.

Indicted and tried for armed robbery in violation of G.S. 14-87 defendant was convicted of common law robbery as a lesser included offense. Relying upon the reasoning of our Supreme Court in State v. Hurst, 320 N.C. 589, 359 S.E.2d 776 (1987), where it was ruled that felonious larceny is not a lesser included offense of armed robbery,

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