State v. Daniels

HEDRICK, Judge.

When we consider the record on appeal — the indictment, the verdict and the judgment — we find fatal error. The defendant was charged in the bill of indictment with larceny by an employee, G.S. § 14-74. The jury found him guilty of “larceny,” and the judgment recites that he was convicted of “misdemeanor larceny.”

It is hornbook law that “an indictment will not support a conviction for a crime all the elements of which crime are not accurately and clearly alleged in the indictment.” State v. Perry, 291 N.C. 586, 592, 231 S.E. 2d 262, 266 (1977), and cases cited therein. The bill…