State v. Moore
| Decision Date | 13 October 1971 |
| Docket Number | No. 71,71 |
| Citation | 279 N.C. 455,183 S.E.2d 546 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Willie Edward MOORE. |
Atty. Gen. Robert Morgan, Asst. Atty. Gen. Sidney S. Eagles and Staff Atty. Russell G. Walker, Jr., Raleigh, for the State.
Richard H. Robertson, Charlotte, for defendant appellant.
Defendant assigns as error the denial of his motion under G.S. § 15--173 for judgment as of nonsuit.
Lowery's testimony includes a statement that he 'was not scared or in fear of (his) life.' Defendant contends Lowery's asserted absence of fear of his life negates the guilt of defendant in respect of the crime charged in the indictment. We hold this contention is without merit.
Robbery at common law is the felonious taking of money or goods of any value from the person of another, or in his presence, against his will, by violence or putting him in fear. State v. Lawrence, 262 N.C. 162, 163, 136 S.E.2d 595, 596--597 (1964), and cases cited. It is not necessary to prove both violence and putting in fear--proof of Either is sufficient. State v. Sawyer, 224 N.C. 61, 65, 29 S.E.2d 34, 37 (1944), and cases cited.
Lowery testified the money was taken by defendant from his person without his consent and against his will; that defendant reached into Lowery's pocket with his left hand and took his money; and that defendant was holding an opened knife in his right hand. Since this testimony indicates that the money was taken Forcibly from Lowery's person, it would have supported a conviction of guilty of common-law robbery entirely without reference to whether Lowery perceived danger to himself.
We note (1) that the word 'fear' as used in the phrase, 'putting him in fear ' in the definition of common-law robbery is not confined to fear of death; and (2) that the use or threatened use of a firearm or other dangerous weapon is not an essential of common-law robbery.
The indictment is based on G.S. § 14--87, which provides:
'Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or from any place of business, residence or banking institution or any other place where there is a person or persons in attendance, at any time, either day or night, or who aids or abets any such person or persons in the commission of such crime, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than five nor more than thirty years.'
G.S. § 14--87 bears the caption 'Robbery with firearms or other dangerous weapons' and defines explicitly the essentials of the crime created thereby. With reference to the evidence in this case the essentials consisted of the unlawful taking or attempt to take personal property from Lowery; the possession, use or threatened use of 'firearms or other dangerous weapon, implement or means'; and Danger or Threat to the life of Lowery. State v. Covington, 273 N.C. 690, 699--700, 161 S.E.2d 140, 147 (1968).
With reference to nonsuit, the determinative question is whether there was evidence sufficient to support a jury finding that Lowery's life was In fact endangered or threatened by defendant's possession, use or threatened use of the opened knife, not whether Lowery was 'scared or in fear of (his) life.' The jury might infer that one who engages in the perpetration of a robbery by means of an opened knife...
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State v. Cummings
...330 S.E.2d at 195. The use or threatened use of a dangerous weapon is not an essential element of common law robbery. State v. Moore, 279 N.C. 455, 183 S.E.2d 546 (1971). Here, the evidence is uncontradicted that the robbery was committed with the use of a deadly weapon. Whether defendant c......
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...to the discretion of the trial judge and is not reviewable on appeal. State v. Davis, 282 N.C. 107, 191 S.E.2d 664; State v. Moore, 279 N.C. 455, 183 S.E.2d 546; State v. Henderson, 276 N.C. 430, 173 S.E.2d 291; State v. Bridgers, 267 N.C. 121, 147 S.E.2d The function of this Court is to de......
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State Carolina v. Roy Lee Elkins.
...“the use or threatened use of a firearm or other dangerous weapon is not an essential of common-law robbery.” State v. Moore, 279 N.C. 455, 458, 183 S.E.2d 546, 547–48 (1971). In the case sub judice, McHone testified at trial with regard to the common law robbery element of violence or fear......
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...Robbery involves an assault, a taking of the property of another by violence or by putting the victim in fear. State v. Moore, 279 N.C. 455, 183 S.E.2d 546 (1971). Armed robbery additionally involves the use of a deadly weapon endangering the life of the victim. So the crime of robbery invo......