STATE v. IRWIN

No. 818SC562.

285 S.E.2d 345 (1982)

STATE of North Carolina v. Lavern Ray IRWIN.

Court of Appeals of North Carolina.

January 5, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Fred R. Gamin, Raleigh, for the State.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.


HEDRICK, Judge.

Defendant first assigns as error the court's failure to grant defendant's motion to dismiss the charge of armed robbery for insufficiency of the evidence. Since defendant was acquitted of that offense, this assignment of error is groundless.

Defendant's next assignment of error is the court's instruction to the jury on the offense of common law robbery. Defendant argues there was insufficient evidence to permit instruction on that offense in...

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