STATE v. LILLY

No. 7612SC721.

232 S.E.2d 495 (1977)

32 N.C. App. 467

STATE of North Carolina v. Danny LILLY.

Court of Appeals of North Carolina.

March 2, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. James E. Scarbrough, Raleigh, for the State.

Asst. Public Defender Pinkney J. Moses, Fayetteville, for the defendant.


MARTIN, Judge.

The defendant first contends that the trial court erred in denying his motion, which was made only at the close of the State's evidence, for nonsuit of the armed robbery charge. He argues that the State's evidence does not sufficiently show that the weapon was used at the precise time the robbery occurred. Instead, he contends, the evidence indicates that both the intent to rob and the actual robbery occurred only after the assault of Jones was terminated...

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