This assignment of error is overruled. The defendant next assigns error to a part of the charge. The indictment alleged that defendant committed first- degree burglary by a breaking and entering with intent to commit larceny. The court charged the jury that it could find the defendant guilty of first-degree burglary if it found the defendant or someone acting in concert with him intended to commit armed robbery at the time of the breaking and entering of the mobile home. The defendant says the court charged the jury on a crime not supported by the indictment and this was error.
Larceny is a lesser included offense of armed robbery.
When the court charged the jury that it could find the defendant guilty of first- degree burglary if it found the defendant or someone acting in concert with him intended to commit armed robbery at the time of the breaking and entering, it charged that it must find the defendant and his accomplice had committed a crime which included larceny. The jury had to find he intended to commit a crime with more elements than the crime alleged in the indictment. This was error favorable to the defendant. This assignment of error is overruled. The defendant next assigns error to the finding of an aggravating factor used to enhance the sentence for first- degree burglary.