Legal Opinion

State v. Jenkins

Court of Appeals of North Carolina

Decided June 24, 1970No. 706SC131PublishedCited by 8 opinions

1Opinion of the CourtGeaham, J.

Defendant contends that the case should have been nonsuited because the evidence shows that neither the defendant nor his companion made any verbal demand that the prosecuting witness surrender the money. This contention is without merit. No verbal demand was necessary as the witness responded immediately when the gun was pointed in his face by pitching the money onto the floor. It may be that the original purpose of defendant and his companion in going to the upstairs of the theater in the dead of night was to commit larceny or some crime other than armed robbery. However, when Inscoe…

2Cases cited3 opinions

  1. State v. PhillipsSupreme Court of North Carolina · 1954
  2. State v. RogersSupreme Court of North Carolina · 1968
  3. State v. ParkerSupreme Court of North Carolina · 1964

3Cited by8 opinions

  1. State v. DeesCourt of Appeals of North Carolina · 1972
  2. State v. HailstockCourt of Appeals of North Carolina · 1972
  3. State v. RawlsCourt of Appeals of North Carolina · 1984
  4. State v. DuncanCourt of Appeals of North Carolina · 1972
  5. State v. BurtonCourt of Appeals of North Carolina · 1974

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