State v. Perry

ARNOLD, Judge.

The sole question on this appeal is whether the court erred in failing to charge the jury, as requested, on misdemeanor larceny as a lesser included offense, and to submit it as a possible verdict.

The defendant was found guilty of common law robbery, which is defined as “the felonious taking of goods or money from the person or presence of another by means of force or intimidation.” 77 C.J.S., Robbery § 1, p. 446. He requested an instruction on misdemeanor larceny, apparently on the basis that the property involved was worth less than $200, pursuant to G.S. 14-72(a). “[A]…