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STATE v. BLACK

No. 40.

209 S.E.2d 458 (1974)

286 N.C. 191

STATE of North Carolina v. Ricky BLACK.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Donald A. Davis and John M. Silverstein, Asst. Attys. Gen., Raleigh, for the State.

William H. Helms, Monroe, for defendant-appellant.

MOORE, Justice.

The trial court charged the jury that it might return a verdict of guilty of robbery with a dangerous weapon or not guilty. Defendant's sole assignment of error is to the court's failure to charge that the jury might also return a verdict of guilty of common-law robbery.

G.S. § 14-87 in part provides:

"Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement...

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