State v. Allison

Supreme Court of North Carolina

State v. Allison

184 S.E.2d 857, 280 N.C. 175, 1971 N.C. LEXIS 1114

CourtSupreme Court of North Carolina

DecidedDecember 15, 1971

DocketNo. 148

StatusPublished

Cited by2 cases

This text of 184 S.E.2d 857 (State v. Allison) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Allison, 184 S.E.2d 857, 280 N.C. 175, 1971 N.C. LEXIS 1114 (N.C. 1971).

Pincite

Opinion

Per Curiam.

Defendant brings forward only one assignment of error, that the trial judge erred in failing to submit to the jury the issue of defendant’s guilt of an assault with a deadly weapon. This assignment is frivolous.

All the evidence for the State tended to show that defendant, armed with a pistol, threatened the life of Lefler and unlawfully took from him cash in excess of $900.00. All of defendant’s evidence tended to show that he committed no crime. There was no evidence which would support a verdict of guilty of an assault with a deadly weapon, a lesser offense included within the crime charged. “The presence of such evidence is the determinative factor.” State v. Hicks, 241 N.C. 156, 159, 84 S.E. 2d 545, 547. Accord, State v. Jacobs, 277 N.C. 151, 176 S.E. 2d 744; State v. Williams, 275 N.C. 77, 165 S.E. 2d 481.

In the trial below we find

No error.

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Per Curiam.

Defendant brings forward only one assignment of error, that the trial judge erred in failing to submit to the jury the issue of defendant’s guilt of an assault with a deadly weapon. This assignment is frivolous.

All the evidence for the State tended to show that defendant, armed with a pistol, threatened the life of Lefler and unlawfully took from him cash in excess of $900.00. All of defendant’s evidence tended to show that he committed no crime. There was no evidence which would support a verdict of guilty of an assault with a deadly weapon, a lesser offense included within the crime charged. “The presence of such evidence is the determinative factor.” State v. Hicks, 241 N.C. 156, 159, 84 S.E. 2d 545, 547. Accord, State v. Jacobs, 277 N.C. 151, 176 S.E. 2d 744; State v. Williams, 275 N.C. 77, 165 S.E. 2d 481.

In the trial below we find

No error.

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Bluebook (online)

184 S.E.2d 857, 280 N.C. 175, 1971 N.C. LEXIS 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allison-nc-1971.

Opinion

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