STATE v. MITCHELL

No. 7211SC502.

190 S.E.2d 669 (1972)

STATE of North Carolina v. Elwood MITCHELL and Herman Ray Lewis.

Court of Appeals of North Carolina.

August 23, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Rafford E. Jones, for the State.

T. Yates Dobson, Jr., and Wiley Narron, Smithfield, for defendant appellants.


MORRIS, Judge.

Defendants bring forward two assignments of error, both directed to the charge of the court to the jury. They contend that the court's failure to instruct the jury on assault constituted reversible error.

The evidence for the State tends to show that defendants with two others planned to rob the prosecuting witness of a large sum of money they understood he had at his home. Defendants and another of the planners went to the home of the prosecuting...

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