State v. Young

MARTIN (Robert M.), Judge.

The defendant first argues that his conviction for larceny from the person is invalid because that offense is not a lesser included offense of common law robbery governed by N.C. Gen. Stat. § 15-170. We disagree.

While larceny from the person does carry the same penalty as common law robbery, the North Carolina courts have treated larceny from the person as a lesser included offense. See State v. McLawhorn, 43 N.C. App. 695, 260 S.E. 2d 138 (1979), disc. rev. denied 299 N.C. 123, 261 S.E. 2d 925 (1980). In State v. Kirk, 17 N.C. App. 68, 193 S.E. 2d 377 (1972), the…