State v. Lyles

MORRIS, Judge.

Appellant’s assignments of error can be separated into two groups. Assignments of error Nos. 1, 3 and 4 depend upon appellant’s contention that he was not present at the scene of the crime. In assignment of error No. 2 appellant contends that the trial judge commented on the evidence in contravention of G.S. 1-180.

The first group of assignments of error may be summarized as depending entirely upon the theory that defendant’s conduct in driving the “getaway car” does not amount to his being present at the scene of the robbery. If defendant were not present, he contends, he would…