State v. Pearcy

WEBB Judge.

The question posed by this appeal is whether a defendant who is tried for acting in concert with others to commit felonious larceny, after a felonious breaking or entering, may be convicted of felonious larceny if the j ury does not reach a verdict as to the felonious breaking or entering. The appellant contends we are bound by State v. Keeter, 35 N.C. App. 574, 241 S.E. 2d 708 (1978). In Keeter, it was held that if the jury is unable to reach a verdict on the felonious breaking or entering charge, the court cannot accept a verdict of guilty to felonious larceny absent an…