State v. Bryant

BRITT, Judge.

The assignment of error that defendant stresses is that the trial judge failed to charge the jury as to misdemeanor larceny, a lesser included offense of felonious larceny. The assignment has no merit.

*374It is well established that a “prayer for judgment continued” is not a final judgment, therefore, it is not appealable. See State v. Griffin, 246 N.C. 680, 100 S.E. 2d 49 (1957) ; State v. Pledger, 257 N.C. 634, 127 S.E. 2d 337 (1962). Since prayer for judgment was continued on the felonious larceny charge, a final judgment was not entered on that charge and any error committed with…