State v. Watson

Supreme Court of North Carolina
State v. Watson, 196 S.E.2d 212 (N.C. 1973)
283 N.C. 383; 1973 N.C. LEXIS 971
Higgins

State v. Watson

Opinion

HIGGINS, Justice.

The court correctly defined the crime of common law robbery, recapitulated the evidence, and directed the jury to ren *385 der one of these verdicts: (1) Guilty of common law robbery; (2) not guilty. Defendant’s counsel by proper exceptions challenged the court’s failure to submit to the jury the offenses of: (1) Larceny from the person; and (2) assault on a female.

Counsel stressfully contends that Mrs. Eckerd testified she was not in fear for her life, hence the offense could be only larceny from the person. The complete answer is found in an opinion by the present Chief Justice in State v. Moore, 279 N.C. 455, 183 S.E. 2d 546. “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, ... It is not necessary to prove both violence and putting in fear — proof of either is sufficient.” The taking in this instance was sufficiently violent to effect a dislocation of the victim’s arm.

The indictment charges all the essential elements of common law robbery. The evidence fully supports the charge. However, evidence of lesser included offenses is not to be found in the record before us. This Court has repeatedly held that the trial court does not commit error by failure to submit to the jury lesser included offenses of which there is no supporting evidence. State v. Bynum and Coley, 282 N.C. 552, 193 S.E. 2d 725; State v. Davis, 282 N.C. 107, 191 S.E. 2d 664; State v. Bryant, 280 N.C. 551, 187 S.E. 2d 111; State v. Murry, 277 N.C. 197, 176 S.E. 2d 738; State v. McNeil, 277 N.C. 162, 176 S.E. 2d 732; State v. Smith, 268 N.C. 167, 150 S.E. 2d 194.

The defendant complained that the officers had made a deal with some of the defendant’s companions in return for their in-court testimony. The complaint does not constitute a defense. There are certain conditions under which “ [J] ust men get their due.”

No error.

Reference

Full Case Name
State of North Carolina v. Bobby Lewis Watson
Cited By
18 cases
Status
Published
Syllabus
1. Robbery 1 — common law robbery — violence or putting in fear — proof of either necessary Common law robbery 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, and proof of either violence or putting in fear is sufficient. 2. Robbery 4 — common law robbery — force used — sufficiency of evidence Where the evidence tended to show that defendant snatched the victim's purse with such force that the strap of the purse was broken, the victim was thrown to the ground and her arm was dislocated, the trial court properly submitted the issue of guilt of common law robbery to the jury. 3. Robbery 5 — common law robbery — failure to submit lesser included offenses — no error The trial court in a common law robbery case properly failed to submit to the jury lesser included offenses of the crime charged where there was no evidence of such offenses.