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eBook details

• Title: Barbara E. Case v. Catos of North Carolina Inc.
• Author : Supreme Court of North Carolina
• Release Date : January 23, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant first contends that under the decision in State v. Guffey, 265 N.C. 331, 144 S.E.2d 14, the bill of indictment in this case is fatally defective in that it did not specify the value of the property involved. The gist of the offense as described in this indictment is the attempt to commit robbery by the use or threatened use of firearms. The force or intimidation occasioned by the use or threatened use of firearms is the main element of the offense. In such a case, it is not necessary or material to describe accurately or prove the particular identity or value of the property, provided the indictment shows that the property was that of the person assaulted or under his care, and that such property is the subject of robbery and that it had some value. State v. Rogers, 273 N.C. 208, 159 S.E.2d 525; State v. Mull, 224 N.C. 574, 31 S.E.2d 764; G.S. 14-87; 6 Strongs N.C. Index 2d, Robbery § 2; 77 C.J.S. Robbery § 37.

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