State v. Acrey

The court held the bill of indictment charged the crime of larceny, to wit, the larceny of thirty-five cents from the per son of Russell Wheeler. See G.S. 14-72. We agree. Appellant’s contention that the bill of indictment charges the crime of common-law robbery is untenable. The words, “with force and arms,” constitute a formal phrase traditionally included in bills of indictment. See G.S. 15-155. They have no significance as an element of the specific crime charged in the bill of indictment.

The court charged correctly as to all essential elements of the crime of larceny. Appellant contends…