State v. Austin

PARKER, Judge.

I — I

(Case No. 83CRS17818)

Although defendant was charged in a magistrate’s order with misdemeanor larceny, the court instructed the jury in this case on concealment of merchandise. The jury found defendant “[gjuilty as charged,” and the court entered judgment of conviction for misdemeanor larceny. This was clearly error as the court instructed the jury on the wrong offense. “Since a correct charge is a fundamental right of every accused . . . ,” State v. Orr, 260 N.C. 177, 181, 132 S.E. 2d 334, 337 (1963), the error was so prejudicial that defendant is entitled to a new trial on…