STATE v. BANNER

No. 65.

184 S.E.2d 257 (1971)

279 N.C. 595

STATE of North Carolina v. Archie BANNER, Jr.

Supreme Court of North Carolina.

November 10, 1971.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Christine Y. Denson, Asst. Atty. Gen., for the State.

J. Erle McMichael and Wilson, Morrow & Boyles, by John F. Morrow, Winston-Salem, for defendant appellant.


HIGGINS, Justice.

The defendant's exceptions and assignments of error involve (1) the failure of the court to conduct a voir dire to determine if defendant's constitutional rights were violated by failure to provide counsel during the pre-trial identification; (2) the failure of the court to sustain the motion to dismiss at the close of the evidence; and (3) the failure of the court to submit to the jury the lesser offense of common law robbery.

The objection...

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