State v. Haire

LEWIS, Judge.

Defendant first argues that the trial court erred in failing to submit to the jury the lesser included offense of misdemeanor larceny. He asserts that the jury should have been allowed to consider whether the items stolen had a fair market value of $400.00 or less. Larceny of goods with a value of more than 400 dollars is a felony while larceny of goods where the value is 400 dollars or less is a misdemeanor. G.S. 14-72(a). The term “value” in this section means fair market value and not the replacement cost of the goods. State v. Morris, 318 N.C. 643, 645, 350 S.E.2d 91, 93…