In State v. Rinck, 303 N.C. 551, 280 S.E.2d 912 (1981), the defendant was prosecuted for felony murder with the underlying felony being burglary. Rinck, 303 N.C. at 566, 280 S.E.2d at 923. Furthermore, robbery was submitted as the intended felony for purposes of the burglary offense. Rinck, 303 N.C. at 567, 280 S.E.2d at 924. The jury was thus instructed on felony murder, burglary, and robbery. Id. The defendant, however, claimed the jury should have been instructed on certain lesser-included offenses as well. Rinck, 303 N.C. at 566, 280 S.E.2d at 923. Our Supreme Court disagreed, reasoning as follows: The instructions on both burglary and armed robbery were submitted to the jury as part of the murder charge. Under such circumstances, the underlying felonies became part of the first-degree murder charge, prohibiting a further prosecution of the defendant for the underlying felonies. Defendant McMurry could not have been lawfully convicted of robbery upon his indictment for first-degree murder. The court was therefore not required to instruct the jury as to the lesser included offenses of robbery. Rinck, 303 N.C. at 567, 280 S.E.2d at 924.