State v. Harris

HEDRICK, Judge.

The defendant contends the court erred in denying his motion for judgment as of nonsuit and in the judge’s “failing to charge the jury as to lesser included offenses to the Bill of Indictment, such lesser offense included being attempt of common law robbery, assault with a deadly weapon, or attempt of assault with a deadly weapon.” The defendant offered no evidence. The State’s evidence tended to show the following:

R. E. Ewing operated a “country store” on Highway 27 east of Lincolnton. On Sunday, 9 August 1970, Ewing opened his store at 7:30 a.m. and about ten minutes later,…