State v. McLemore

WEBB, Justice.

The defendant first assigns error to the denial of his motion to dismiss the charge of robbery with a dangerous weapon. We believe this assignment of error has merit.

The evidence in this case was insufficient to show that the defendant used a weapon to force the victim to give him her car. The record is devoid of any evidence that the defendant’s use of a firearm preceded or was concomitant with his taking possession of the victim’s Cadillac or induced the victim to part with her property. See State v. Richardson, 308 N.C. 470, 302 S.E.2d 799 (1983). In addition, there is no…