State v. Sullivan Even though, in its jury instructions, the trial court omitted the name of one of the three robbery participants in applying the concerted action theory to the armed robbery charge, reading the jury instructions as a whole, the trial court sufficiently instructed the jury on the theory of acting in concert. We find no error in defendant’s convictions of three counts of robbery with a dangerous weapon and one count of conspiracy to commit robbery with a dangerous weapon. The restitution order is vacated and remanded.

Tagged with: Acting in Concert armed robbery Criminal Practice Jury Instructions restitution

State v. Hill Even though the trial court sustained defendant’s objection and only allowed the jury to consider a police detective’s testimony about an earlier, uncharged armed robbery for corroborative purposes, defendant did not object to the detective’s testimony regarding a later robbery and the robber’s use of a knife to carry out the robbery. We find no error in defendant’s conviction of robbery with a dangerous weapon. We affirm the Court of Appeals’ decision to uphold defendant’s conviction.

Tagged with: armed robbery Criminal Practice evidence

State v. Jackson Defense counsel asserted that the number of African-Americans (three) in the 60-person jury venire underrepresented the county’s African-American population. Neither counsel’s assertion nor the numbers at issue were sufficient to require the trial court to discharge the jury venire based on underrepresentation of the county’s African-American population. We find no error in defendants’ conviction of robbery with a dangerous weapon.

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State v. Flaugher Although the prior assault charge against defendant was dismissed, since that dismissal did not amount to a judicial acquittal, that dismissal did not preclude the admission of evidence of the prior assault. We find no error in defendant’s convictions of assault with a deadly weapon with intent to kill inflicting serious injury, robbery with a dangerous weapon, maiming without malice, and possession of a stolen motor vehicle.

Tagged with: armed robbery Assault Criminal Practice evidence

State v. Speight One of the police officers who helped arrest defendant testified that, when defendant was told of the charges against him, he responded, “Man, I’m a B and E guy.” Defendant’s statement may be viewed as a statement against penal interest under N.C. R. Evid. 804(b)(3).

Tagged with: armed robbery Burglary Criminal Practice evidence Indictment

State v. Hill. (Lawyers Weekly No. 11-07-0225, 18 pp.) (Linda M. McGee, J.) (Robert N. Hunter, J., dissenting) Appealed from Buncombe County Superior Court. (James U. Downs, J.) N.C. App. Click here for the full text of the opinion. Holding: ...

Tagged with: armed robbery Buncombe County Criminal Practice

State v. Boyd (Lawyers Weekly No. 11-07-0120, 17 pp.) (Donna S. Stroud, J.) Appealed from Mecklenburg County Superior Court. (Eric L. Levinson, J.) N.C. App. Click here to read the full text of the opinion. Holding: Even though the victim’s ...

Tagged with: armed robbery Attorneys Criminal Practice Mecklenburg County

State v. Blue. (Lawyers Weekly No. 10-07-0957, 22 pp.) (John C. Martin, Ch.J.) Appealed from Robeson County Superior Court (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: When a defendant has considered ...

Tagged with: armed robbery Corpus Delicti Criminal Practice murder Robeson County

  State v. Ferguson. (Lawyers Weekly No. 10-07-0916, 38 pp.) (Sanford L. Steelman Jr., J.) Appealed from Mecklenburg County Superior Court. (David S. Cayer, J.) N.C. App. Holding: The facts that defendant left the victim dead or dying in his ...

Tagged with: armed robbery Criminal Practice Mecklenburg County murder

  State v. Bettis. (Lawyers Weekly No. 10-07-0871, 13 pp.) (Donna S. Stroud, J.) Appealed from Wake County Superior Court. (Howard E. Manning Jr., J.) N.C. App. Holding: Even though there was no direct evidence that defendant committed the armed ...

Tagged with: armed robbery circumstantial evidence Criminal Practice Flight Wake County