STATE v. SMALLWOOD

No. 856SC593.

337 S.E.2d 143 (1985)

STATE of North Carolina v. Randy Paul SMALLWOOD.

Court of Appeals of North Carolina.

December 17, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg, by Asst. Atty. Gen., George W. Lennon, for the State.

Appellate Defender Adam Stein, by Asst. Appellate Defender Geoffrey C. Mangum, for defendant.


EAGLES, Judge.

Of the four assignments argued, three relate to whether the knife used was a dangerous weapon. We conclude that because the evidence supported, but did not compel, a finding that the knife used was a dangerous weapon and there was no instruction on common law robbery, defendant is entitled to a new trial.

I

One of the elements of armed robbery is that the accused used or threatened to use a firearm or other dangerous weapon. G.S. 14...

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