144 S.E.2d 569 (N.C. 1965), 256, State v. Spratt

Docket Nº:256.
Citation:144 S.E.2d 569, 265 N.C. 524
Party Name:STATE, v. Ronald James SPRATT.
Case Date:November 03, 1965
Court:Supreme Court of North Carolina

Page 569

144 S.E.2d 569 (N.C. 1965)

265 N.C. 524

STATE,

v.

Ronald James SPRATT.

No. 256.

Supreme Court of North Carolina.

November 3, 1965

Page 570

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Parks H. Icenhour, and Staff Atty. William B. Ray, Raleigh, for the State.

Peter L. Reynolds, Charlotte, for defendant.

MOORE, Justice.

Defendant contends there is prejudicial error in that the court failed 'to charge and instruct the jury on the element of felonious intent.'

The bill indictment alleges, in pertinent part, that defendant 'on the 23rd day of December, 1964, * * * unlawfully, wilfully and feloniously, having in possession and with the use and threatened use of firearms * * *, to wit, a .32 caliber pistol, whereby the life of Dwight Blackmon was endangered and threatened, did then and there unlawfully, wilfully, forcibly, violently and feloniously attempt to take, steal and carry away lawful money of the United States * * * from the presence, person, place of business * * *

Page 571

of Dwight Blackmon and Minute Markets, Inc. * * *' (Italics ours.)

The case was submitted to the jury on the charge of attempt, as alleged in the bill. An attempt to take money or other personal property from another under the circumstances delineated by G.S. § 14-87 constitutes, by the terms of that statute, an accomplished offense, and is punishable to the same extent as if there was an actual taking. State v. Parker, 262 N.C. 679, 138 S.E.2d 496.

The judge instructed the jury, inter alia, as follows:

'* * * for an attempt to be complete within and of itself as an attempt, there must not only be the intent to do the thing, but also some overt act which, if not warded or stopped, would result in the final completion of the act. So if the defendant merely intended to rob Mr. Blackmon, but did not do any overt act, calculated to complete the robbery, then the attempt would not have occurred, but if he did intend to rob him, and did [265 N.C. 526] commit an overt act, calculated and designed by him to bring about the robbery, then that would constitute an attempt or to put it another way, ladies and gentlemen, if the defendant armed with a pistol drew it on and pointed it at Mr. Blackmon for the intention and purpose of taking money from his cash register by force and against his will, and if he actually made an overt effort to take money or any part of it, and if in doing so...

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