State v. Mundy

Defendant excepts to the judge’s charge on the ground that it failed to instruct the jury that a taking of personal prop erty with “felonious intent” is an essential element of the offense charged and failed to explain and define “felonious intent.” The exception is well taken.

The only instruction given with respect to the law of the case consisted of a reading of the pertinent statute, G.S. 14-87. In giving instructions the court is not required to follow any particular form and has wide discretion as to the manner in which the case is presented to the jury, but it has the duty to explain,…