State v. Ellerbe
State v. Ellerbe
Opinion of the Court
The sole question for resolution on this appeal is whether the trial court erred in denying defendant’s timely motions for judgment as of nonsuit.
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, 597 (1964). Armed robbery adds the requirement that the robbery must be “with the use or threatened use of [a firearm] . . . whereby the life of a person is endangered or threatened . ” G.S. 14-87. Viewing the testimony of Rhodes in the light most favorable to the State, it is clear that the evidence is sufficient to require submission of the case to the jury and to support a conviction for robbery with a firearm.
In this trial, we find no error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.