State v. Booker

Unless error was committed in -the trial as it relates to the charge -of ‘larceny, a felony, -defendant does not seek -another trial -on the charge of breaking 'and -entering. If erro-r existed with respect to that count, it w-ould be harmless, and another trial on that ■count might result in a consecutive sentence and hence be prejudicial to defendant. S. v. Riddler, 244 N.C. 78, 92 S.E. 2d 435; S. v. Stonestreet, 243 N.C. 28, 89 S.E 2d 734; S. v. Cephus, 241 N.C. 562, 86 S. E. 2d 70.

The trial judge, in charging the jury, defined larceny as: “the felonious taking and carrying -aw-ay from any…