State v. Morris

COZORT, Judge.

The defendant was convicted, upon an indictment proper in form, of felonious larceny and was sentenced to four years in prison. Defendant was acquitted of felonious breaking and entering. The defendant appealed his conviction assigning error to the trial court’s refusal to instruct the jury on the lesser included offense of misdemeanor larceny. We hold that the judge’s failure to instruct on the lesser included offense was not error. The evidence follows.

On 6 July 1984 at approximately 2:15 a.m., the defendant was observed by Officer R. S. Miller of the Charlotte Police…