In Re Davis

In In re Davis, 114 N.C. App. 253, 255, 441 S.E.2d 696, 698 (1994), this Court addressed whether a delinquency petition alleging violation of North Carolina General Statutes, section 14-59 properly was amended to allege violation of North Carolina General Statutes, section 14-66. Davis held that section 14-66 prohibiting setting fire to personal property was not a lesser included offense of section 14-59 prohibiting setting fire to a public building. Davis, 114 N.C. App. at 255, 441 S.E.2d at 698. Therefore, the amendment charged the juvenile with a different offense and was improper. Id. at 256, 441 S.E.2d at 698. An offense is a lesser offense if all of its elements are included in the greater offense charged. See State v. Aiken, 286 N.C. 202, 205, 209 S.E.2d 763, 765 (1974).