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STATE v. DUNN

No. 7514SC88.

216 S.E.2d 412 (1975)

26 N.C. App. 475

STATE of North Carolina v. Johnny DUNN.

Court of Appeals of North Carolina.

July 2, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Archie W. Anders, Raleigh, for the State.

Ann F. Loflin, Durham, for defendant-appellant.

PARKER, Judge.

Defendant assigns error to the overruling of his motions for nonsuit. He contends that the evidence shows only that Fortune dropped the groceries in order to aid his escape and that it fails to show that the groceries were taken from Fortune's person by use of a rifle. We find the evidence amply sufficient to allow the case against defendant to go to the jury.

"The gravamen of the offense [of armed...

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