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STATE v. CHAPMAN

No. 8018SC326.

270 S.E.2d 524 (1980)

STATE of North Carolina v. Arthur Sylvester CHAPMAN.

Court of Appeals of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. John F. Maddrey, Raleigh, for the State.

Robert L. McClellan, Asst. Public Defender, Greensboro, for defendant-appellant.

WHICHARD, Judge.

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

[R]obbery, 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...

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