STATE v. JOHNSON

No. 824SC1142.

304 S.E.2d 248 (1983)

STATE of North Carolina v. Lorenzo JOHNSON.

Court of Appeals of North Carolina.

July 5, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. John R. Corne, Raleigh, for the State.

Ellis, Hooper, Warlick, Waters & Morgan by Charles H. Henry, Jr., Jacksonville, for defendant-appellant.


EAGLES, Judge.

Defendant's appeal raises two assignments of error. First, defendant asserts that the trial court erred when it refused to grant defendant's motion to dismiss the count charging armed robbery of David Polk, because the evidence was insufficient to allow its submission to the jury. Defendant also argues that the trial court erred in its refusal to give a jury instruction that defendant's "mere presence at the scene of the crime, even though he is in...

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