Smith's Criminal Case Compendium

Table of Contents

State v. Hole, 240 N.C. App. 537 (Apr. 21, 2015)

Return To Search
Criminal Offenses > Larceny, Embezzlement & Related Offenses > Unauthorized Use > Greater & Lesser-Included Offenses

Following State v. Ross, 46 N.C. App. 338 (1980), the court held that unauthorized use of a motor vehicle “may be a lesser included offense of larceny where there is evidence to support the charge.” Here, while unauthorized use may have been a lesser included of the charged larceny, the trial court did not commit plain error by failing to instruct on the lesser where the jury rejected the defendant’s voluntary intoxication defense.