STATE v. ALSTON

No. 7514SC256.

216 S.E.2d 416 (1975)

26 N.C. App. 418

STATE of North Carolina v. Emmett ALSTON.

Court of Appeals of North Carolina.

July 2, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. Andrew A. Vanore, Jr., and Associate Atty. Gen. Raymond L. Yasser, Raleigh, for the State.

Loflin & Loflin by Thomas F. Loflin, III, Durham, for defendant.


CLARK, Judge.

It appears from the record on appeal that on retrial the State attempted to place the defendant on trial for both conspiracy and armed robbery, although this Court had ruled that in the first trial the evidence was not sufficient to support the verdict of guilty of armed robbery. The order granting the motion to dismiss was limited to the charge of armed robbery and did not include any lesser offense than the crime charged. The appeal presents the following...

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