STATE v. WIGGINS

No. 857SC393.

337 S.E.2d 198 (1985)

STATE of North Carolina v. Toney (sic) WIGGINS.

Court of Appeals of North Carolina.

December 17, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen., John F. Maddrey, for State.

Fitch and Butterfield by James A. Wynn, Jr., for defendant-appellant.


WHICHARD, Judge.

Defendant contends the court erred by instructing that the box cutter used in the robbery was a dangerous weapon per se. He argues that whether the weapon was dangerous was for the jury to determine. We disagree.

Since a dangerous weapon is synonymous with a deadly one, cases resolving whether a particular weapon was deadly per se are relevant. State v. Mullen, 47 N.C. App. 667, 668, 267 S.E.2d 564

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