STATE v. MOORE

No. 71.

183 S.E.2d 546 (1971)

279 N.C. 455

STATE of North Carolina v. Willie Edward MOORE.

Supreme Court of North Carolina.

October 13, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Sidney S. Eagles and Staff Atty. Russell G. Walker, Jr., Raleigh, for the State.

Richard H. Robertson, Charlotte, for defendant appellant.


BOBBITT, Chief Justice.

Defendant assigns as error the denial of his motion under G.S. § 15-173 for judgment as of nonsuit.

Lowery's testimony includes a statement that he "was not scared or in fear of (his) life." Defendant contends Lowery's asserted absence of fear of his life negates the guilt of defendant in respect of the crime charged in the indictment. We hold this contention is without merit.

Robbery at common law is the felonious taking...

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