STATE v. THOMPSON

No. 41.

254 S.E.2d 526 (1979)

STATE of North Carolina v. James THOMPSON

Supreme Court of North Carolina.

May 17, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by T. Buie Costen, Special Deputy Atty. Gen. and Nonnie F. Midgette, Asst. Atty. Gen., Raleigh, for the State.

Tate K. Sterrett, Charlotte, for defendant-appellee.


BRANCH, Justice.

Defendant contended before the Court of Appeals and contends here that the trial court erred in failing to charge upon and submit to the jury an issue as to defendant's guilt or innocence of the lesser included offense of common law robbery. This contention is the principal and decisive question before us. In granting a new trial, the majority of the Court of Appeals relied upon the case of State v. Bailey, 278 N.C. 80, 178...

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