STATE v. FRAZIER

No. COA00-122.

541 S.E.2d 800 (2001)

STATE of North Carolina v. Clifton FRAZIER.

Court of Appeals of North Carolina.

February 6, 2001.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Robert Crawford, for the State.

Russell J. Hollers, III, Carrboro, for the Defendant-Appellant.


THOMAS, Judge.

Clifton Frazier, defendant, was indicted for larceny by employee and found guilty in a jury trial. On appeal, defendant argues inter alia, that an inmate performing a mandatory work assignment cannot be convicted of larceny by employee because such an inmate is not an "employee" within the meaning of N.C. Gen.Stat. § 14-74. We agree and, for the reasons discussed herein, reverse defendant's conviction.

The State's evidence tended...

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