State v. Coward

MARTIN (Robert M.), Judge.

Defendant assigns as error the failure of the trial judge to submit to the jury the offense of unauthorized use of a motor vehicle, N.C. Gen. Stat. § 14-72.2(a), as a lesser included offense. We agree with the defendant and for this reason the defendant is entitled to a new trial.

All of the essential elements of the crime of unauthorized use of a motor conveyance, N.C. Gen. Stat. § 14-72.2(a) are included in larceny, N.C. Gen. Stat. § 14-72, and this Court has held that it may be a lesser included offense of larceny where there is evidence to support the charge.…