State v. Lee

PHILLIPS, Judge.

Defendant’s conviction of larceny from the person, G.S. 14-72 (b)(1), cannot stand because the record shows that the larceny involved was not from the person of the complainant as charged in the bill of indictment, but was from an unattended grocery cart. In pertinent part the evidence presented, all by the State, shows only that: Lois Strickland, while shopping at the Farm Fresh Store in Roanoke Rapids, had her shoulder handbag in the grocery cart she was pushing along when Anthony Taylor, defendant’s accomplice in the thievery, asked her to help him find some unsalted sweet…