STATE v. THOMPSON

No. 8014SC760.

272 S.E.2d 160 (1980)

STATE of North Carolina v. Michael J. THOMPSON.

Court of Appeals of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. David S. Crump, Raleigh, for the State.

Pulley, Wainio & Stephens, P.A. by Ronald L. Stephens, Durham, for defendant-appellant.


WELLS, Judge.

Prior to the trial court's charge to the jury, defendant submitted a written request for a charge on the lesser included offense of misdemeanor assault. The court denied the request and instructed upon common law robbery only. Defendant assigns error to the court's refusal to charge on misdemeanor assault, arguing that the evidence warranted such an instruction. We do not agree. Common law robbery is the felonious taking of money or goods of any value...

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