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STATE v. OWENS

No. 844SC520.

327 S.E.2d 42 (1985)

STATE of North Carolina v. Allen Mitchell OWENS.

Court of Appeals of North Carolina.

March 19, 1985.

Attorney(s) appearing for the Case

Appellate Defender Adam Stein by Asst. Appellate Defender James A. Wynn, Jr., Raleigh, for defendant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh, for the State.

JOHNSON, Judge.

Defendant's sole contention on appeal is that common law robbery is not definitionally a lesser included offense of robbery with a dangerous weapon, therefore the court erred in submitting common law robbery as a possible verdict. We disagree.

Defendant was indicted under G.S. 14-87(a) which reads as follows:

Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon...

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