State v. Fletcher, 7520SC574
| Decision Date | 03 December 1975 |
| Docket Number | No. 7520SC574,7520SC574 |
| Citation | 220 S.E.2d 101,27 N.C.App. 672 |
| Parties | STATE of North Carolina v. James C. FLETCHER. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Rufus L. Edmisten by Associate Atty. Sandra M. King, Raleigh, for the State.
Leath, Bynum, Kitchin & Neal by Henry L. Kitchin, Rockingham, for defendant-appellant.
We have carefully reviewed the assignments of error brought forward and argued by defendant in Case No. 75CR0304 (armed robbery) and find them to be without merit. The defendant was afforded a fair trial free from prejudicial error.
Although defendant has not raised the question, an error in Case No. 75CR0302 () appears on the face of the record proper and, on our own motion, we arrest judgment in that case. The defendant was convicted of armed robbery and assault with a deadly weapon. Since both offenses of which he was convicted arose out of the same occurrence, the latter is a lesser included offense of the former. State v. Hatcher, 277 N.C. 380, 177 S.E.2d 892 (1970). The defendant, having been convicted of armed robbery, could not be convicted of the lesser offense of assault with a deadly weapon where, as here, both offenses arose out of the same act or occurrence. The judgment on the verdict of guilty of assault with a deadly weapon should have been arrested.
The verdict of guilty of assault with a deadly weapon (No. 75CR0302) is set aside and the judgment arrested.
Armed robbery charge (No. 75CR0304)--no error.
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State v. White
...State v. Chapman, 49 N.C.App. 103, 270 S.E.2d 524 (1980); State v. Allen, 47 N.C.App. 482, 267 S.E.2d 514 (1980); State v. Fletcher, 27 N.C.App. 672, 220 S.E.2d 101 (1975); State v. Faulkner, 5 N.C.App. 113, 168 S.E.2d 9 (1969). Only recently have we held that felonious larceny is not a les......
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State v. Hurst, 513PA86
...State v. Allen, 47 N.C.App. 482, 267 S.E.2d 514 (1980); State v. Perry, 38 N.C.App. 735, 248 S.E.2d 755 (1978); State v. Fletcher, 27 N.C.App. 672, 220 S.E.2d 101 (1975); State v. Coxe, 16 N.C.App. 301, 191 S.E.2d 923 (1972). On the other hand, Murray, Beaty and Revelle hold or say that fel......
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State v. Harris
...that the court should instead have arrested judgment as to the possession charge. Defendant bases his argument on State v. Fletcher, 27 N.C.App. 672, 220 S.E.2d 101 (1975), in which this Court held that when a defendant was convicted of both armed robbery and the lesser-included offense of ......
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