Court of Appeals of North Carolina December 1, 1976, No. 7621SC387 (State v. Davis)

CLARK, Judge.

Defendant first assigns error to the failure of the trial court to charge on the offense of assault with a deadly weapon.

Assault with a deadly weapon is a lesser included offense of the crime of robbery by firearm. State v. Faulkner, 5 N.C. App. 113, 168 S.E. 2d 9 (1969).