STATE v. STEVENSON

No. 6826SC408.

164 S.E.2d 24 (1968)

3 N.C. App. 46

STATE of North Carolina v. Willie Robert STEVENSON.

Court of Appeals of North Carolina.

November 13, 1968.


Attorney(s) appearing for the Case

Robert F. Rush, Charlotte, for defendant appellant.

Atty. Gen. T. W. Bruton by Deputy Atty. Gen. Harry W. McGalliard for the State.


MORRIS, Judge.

The defendant's sole assignment of error relates to the failure of the court to charge the jury on the lesser included offenses of armed robbery; to wit: common law robbery, assault with a deadly weapon, or assault.

G.S. § 15-170 provides:

"Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a less degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt...

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