Court of Appeals of North Carolina August 15, 1978, No. 7714SC996 (State v. Oxner)

ERWIN, Judge.

The defendant contends in light of the circumstances disclosed by the evidence that the jury could possibly find him guilty of the offense of assault with a deadly weapon or the offense of larceny from the person or both. In failing to instruct the jury on these two offenses, the defendant asserts that the trial court committed prejudicial error, entitling him to a new trial.