State v. Edmondson

ARNOLD, Judge.

Defendant first contends that the trial court erred in allowing the jury to convict him of both felonious breaking or entering, N.C. Gen. Stat. § 14-54(a) (1981), and felonious larceny pursuant to a breaking or entering, N.C. Gen. Stat. § 14-72(b) (1981). Defendant reasons that felonious breaking or entering is a lesser-in- eluded offense of felonious larceny, and therefore that he cannot be convicted of and punished for both.

The test for determining whether one offense is a lesser-included offense of another so as to prevent conviction for both was set out by the United States…