DocketNumber: No. 7126SC435
Citation Numbers: 12 N.C. App. 94
Judges: Britt, Morris, Parker
Filed Date: 8/4/1971
Status: Precedential
Modified Date: 7/20/2022
Defendant assigns as error the denial of his motion for nonsuit on the charge of common-law robbery. In this connection he contends that the pistol was taken only to disarm Frazier and the evidence was insufficient to support a finding that it was taken with any felonious intent permanently to deprive the owner of his property. Even assuming, however, that the takers’ immediate purpose may have been to disarm Fraizer so that
The trial court submitted to the jury an issue as to defendant’s guilt of the lesser included offense of an assault inflicting serious injury. Under proper instructions, the jury found defendant guilty of the more serious offense of common-law robbery. In the charge we find no prejudicial error.
While defendant testified that the statement which he signed was not voluntary, no objection was made when it was introduced in evidence against him and he raises no question on this appeal concerning the admissibility of that statement.
In the entire trial we find
No error.