18 N.C. App. 489 | N.C. Ct. App. | 1973
Defendant’s only exceptions and assignments of error are to portions of the court’s charge. By these assignments of error, defendant contends that the court erred in failing to submit to the jury the charge of receiving. He concedes, and properly so, that receiving is not a lesser included offense of breaking and entering but a separate and distinct offense. On oral argument,
Since the evidence as to the count of receiving was insufficient to submit that issue to the jury, the court properly submitted only the counts of breaking and entering and larceny. This amounted to granting a motion of nonsuit on the receiving charge. In the trial of this case, we perceive no prejudicial error.
No error.