State v. Hailstock

BRITT, Judge.

Defendant contends that the court erred in not instructing the jury as to lesser degrees of the crime of armed robbery. We do not agree with this contention.

The State’s evidence tended to show: Defendant entered the Zip Mart on Princess Place Drive in Wilmington, North Carolina, at about 10:30 p.m. on 22 October 1971. When defendant was checking out his purchase and Chester Hayes, the cashier, opened the cash register drawer, defendant drew a sawed-off, double barrel shotgun on Hayes and said: “Hand me all your money. Don’t try anything or I’ll blow your brains out.” Defendant…