State v. Cambpell

188 S.E.2d 754, 14 N.C. App. 633, 1972 N.C. App. LEXIS 2201

Opinion

CAMPBELL, Judge.

The defendant assigns as error the signing and entering of the judgment.

We think this assignment of error is good but not for the reasons argued in the brief.

The defendant tendered a plea of guilty of “temporary larceny of an automobile,” a purported violation of General Statutes 20-105, “Unlawful taking of a vehicle.” He was not charged with such violation and he could not be convicted of this statutory offense upon trial on a bill of indictment for larceny. State v. McCrary, 263 N.C. 490, 139 S.E. 2d 739 (1965).

As stated in State v. Wall, 271 N.C. 675, 157 S.E. 2d 363 (1967) : “Under our decisions, the statutory criminal offense defined in G.S. 20-105, sometimes referred to as ‘temporary larceny,’ is not an included less degree of the crime of larceny; and a defendant may not be convicted of a violation of G.S. 20-105 when tried upon a bill of indictment charging the crime of larceny. . . .”

Reversed.

Chief Judge Mallard and Judge Brock concur.