STATE v. ROGERS

No. COA12-1415.

742 S.E.2d 622 (2013)

STATE of North Carolina, v. Kevin Christopher ROGERS.

Court of Appeals of North Carolina.

June 4, 2013.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Sonya Calloway-Durham , Special Deputy Attorney General, for the State.

William D. Spence , Kinston, for defendant-appellant.


STEELMAN, Judge.

Where there was substantial evidence that defendant committed the crimes charged, the trial court did not err in denying each of defendant's motions to dismiss. Where the trial court's instruction to the jury on first-degree burglary cited the underlying felony as robbery with a dangerous weapon, rather than felony larceny as set forth in the indictment, any error was not prejudicial. Where the State presented substantial evidence of defendant's premeditation...

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