State v. Hare

The question to be determined is whether the petitioner is entitled to his release since he is being held under a judgment entered upon a plea of guilty of an offense for which he has never been indicted. The indictment with respect to robbery only charged that the defendants, with the threatened use of certain firearms, to-wit: a pistol, attempted to take personal property, etc. Robbery with firearms is not charged.

We have repeatedly held that the purpose and intent of the Legislature in enacting G.S. 14-87 was to provide for more severe punishment for the commission of robbery when such…