State v. Sipes

65 S.E.2d 127, 233 N.C. 633, 1951 N.C. LEXIS 357

• Court: Supreme Court of North Carolina
• Decided: May 23, 1951
• Docket: 653
• Status: Published

Opinion

BabNhill, J.

Only one question is presented for decision. Is tbe evidence, considered in tbe light most favorable to tbe State, sufficient to repel defendant’s motion to dismiss as in case of nonsuit ?

Robbery is tbe felonious taking of personal property from tbe person of another, or in bis presence, without bis consent, or against bis will, by violence, intimidation or putting in fear. S. v. Bell, 228 N.C. 659, 46 S.E. 2d 834; S. v. Lunsford, 229 N.C. 229, 49 S.E. 2d 410.

Tbe degree of force is immaterial so long as it is sufficient to compel tbe.victim to part with bis property or property in bis presence, and tbe element of force may be actual or constructive. S. v. Sawyer, 224 N.C. 61, 29 S.E. 2d 34.

“Constructive force” includes all demonstrations of force, menaces, and other means by which tbe person robbed is put in fear sufficient to suspend tbe free exercise of bis will or prevent him from resisting the taking. S. v. Sawyer, supra.

Tbe evidence tested by these controlling principles leads to tbe conclusion that it is sufficient to support tbe verdict.

Defendant and two other men unknown by Coble directed him to get into defendant’s automobile. He was driven to a secluded spot. His knife was taken and thrown away. Defendant then took bis pocketbook containing $15. There were three to one, and one of tbe three bad bis band in bis pocket in such manner as to lead Coble to believe be bad some weapon. Coble was put in fear and bis money was taken from bis person by defendant and bis companions. Whether in so doing they committed tbe crime of robbery was for tbe jury to decide.

In tbe trial below we find

No error.