State v. Robertson

HEDRICK, Judge.

Defendant contends in his first argument that

[t]he Trial Court committed reversible error by instructing the Jury on larceny from the person, a felony, and failing to instruct on what is often called larceny “by trick,” which is a misdemeanor when involving less than four hundred dollars ($400.00) under NC GS Section 14-72.

Citing State v. Harris, 35 N.C. App. 401, 241 S.E. 2d 370 (1978), defendant asserts that “larceny by trick” is not a separate and distinct offense from common law larceny. He further reasons, citing State v. Bowers, 273 N.C. 652, 161 S.E. 2d 11 (1968), that…