State v. Ross

MARTIN (Harry C.), Judge.

Defendant’s counsel, in apt time, requested the trial judge to instruct the jury on the crime of unauthorized use of a motor vehicle, N.C.G.S. 14-72.2(a), as a lesser included offense.

The court declined so to do and defendant assigns this as error. We agree with defendant and for this reason a new trial must be ordered.

It is true that the Supreme Court in State v. Wall, 271 N.C. 675, 157 S.E. 2d 363 (1967), held that a violation of former N.C.G.S. 20-105, sometimes referred to as “temporary larceny” of a vehicle, was not a lesser included offense of larceny. See State…