STATE v. HEWITT

No. 7619SC939.

234 S.E.2d 468 (1977)

33 N.C. App. 168

STATE of North Carolina v. Gene HEWITT.

Court of Appeals of North Carolina.

May 4, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Rebecca R. Bevacqua, Raleigh, for the State.

Coltrane & Gavin by T. Worth Coltrane, Asheboro, for defendant.


MARTIN, Judge.

Defendant first contends the court erred in denying his motion to dismiss the charges against him. He argues that the evidence discloses that he neither planned nor had any knowledge of the robbery at the doctor's home and that he was not told that his co-conspirators had decided to rob the doctor's home instead of his office. Thus, he argues, the charges should have been dismissed.

" `A criminal conspiracy is the unlawful concurrence of two...

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