STATE v. McMILLIAN

No. COA04-375.

609 S.E.2d 265 (2005)

STATE of North Carolina v. Charles Kevin McMILLIAN.

Court of Appeals of North Carolina.

March 15, 2005.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Jay L. Osborne, Assistant Attorney General, for the State.

Jon W. Myers, Lexington, for defendant-appellant.


MARTIN, Chief Judge.

Defendant appeals from a judgment entered upon his conviction by a jury of attempted robbery with a dangerous weapon, arising from defendant's attempt to steal money from a pizza delivery man. The evidence presented at trial tended to show that on the evening of 10 September 2002, a call was placed for pizza delivery to 353 Porter Road. When the delivery driver, Michael LaMorte ("LaMorte"), approached...

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