STATE v. WILSON

No. 7512SC244.

215 S.E.2d 167 (1975)

26 N.C. App. 188

STATE of North Carolina v. Acesus WILSON.

Court of Appeals of North Carolina.

June 4, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attys. Gen. Jesse C. Brake and G. Jona Poe, Jr., Raleigh, for the State.

H. Gerald Beaver, Asst. Public Defender, Twelfth Judicial District, Fayetteville, for defendant-appellant.


BRITT, Judge.

Defendant assigns as error the failure of the court to grant his motion to arrest the judgment, contending that assault with a deadly weapon inflicting serious injury is not a lesser included offense of attempted common law robbery. The assignment must be sustained.

In State v. Stepney, 280 N.C. 306, 318, 185 S.E.2d 844, 852 (1972), Justice Huskins, speaking for the court, said...

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