State v. Frazier

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 to show defendant was assigned to work in the prison canteen at Southern Correctional Center in Troy, North Carolina on 30 July 1998. He received $1.00…