STATE v. WHEELER

No. 7420SC247.

204 S.E.2d 862 (1974)

21 N.C. App. 514

STATE of North Carolina v. Clarence WHEELER and Jerry Martin.

Court of Appeals of North Carolina.

May 15, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Jerry J. Rutledge, Raleigh, for the State.

Coble Funderburk, Monroe, for defendant appellee Martin.

Joe P. McCollum, Jr., Monroe, for defendant appellee Wheeler.


CAMPBELL, Judge.

Defendants assign as error the failure of the trial court to define correctly the offense of armed robbery in that the trial court left out an essential part of the statute on armed robbery, G.S. § 14-87, which reads: "[W]hereby the life of a person is endangered or threatened.. . ." The portion of the charge to which defendants except reads as follows:

"Robbery is the felonious taking, members of the jury, or attempt to take, of money...

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