State v. Young

MARTIN, John C., Judge.

I

Defendant first assigns error to the trial court’s denial of his motion to dismiss the charge of common law robbery. Common law robbery is defined as the “felonious, non-consensual taking of money or personal property from the person or presence of another by means of violence or fear.” State v. Smith, 305 N.C. 691, 700, 292 S.E.2d 264, 270, cert. denied, 459 U.S. 1056, 74 L.Ed.2d 622 (1982). The use of violence or fear “must be such as to induce the victim to part with his or her property.” State v. Richardson, 308 N.C. 470, 477, 302 S.E.2d 799, 803 (1983). Defendant…