State v. Chapman

WHICHARD, Judge.

Defendant assigns as error the failure of the trial court to charge the jury on the lesser included offense of felonious larceny.

[Rjobbery, a common-law offense not defined by statute in North Carolina, is merely an aggravated form of larceny, and has been defined as ‘the taking, with intent to steal, of the personal property of another, from his person or in his presence, without his consent or against his will, by violence or intimidation.’ Absent the elements of violence or intimidation, the offense becomes larceny. (Citations omitted.)

State v. Bailey, 4 N.C. App. 407, 411,…