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STATE v. APPLEWHITE

No. COA96-1433.

493 S.E.2d 297 (1997)

STATE of North Carolina, Plaintiff, v. Kenyatta APPLEWHITE, Defendant.

Court of Appeals of North Carolina.

November 18, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Sylvia Thibaut, for the State-appellee.

Appellate Defender Malcolm Ray Hunter, Jr. by Assistant Appellate Defender Daniel R. Pollitt, Durham, for defendant-appellant.

LEWIS, Judge.

Defendant was indicted for attempted armed robbery and assault with a deadly weapon with intent to kill inflicting serious injury. He pled not guilty to both charges. A jury found defendant guilty of attempted armed robbery and of the lesser included offense of assault with a deadly weapon inflicting serious injury. We find no error.

On the night of 29 September 1995, Carl Darby was standing on a footpath running through the VIP Trailer Park...

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