#### STATE OF NORTH CAROLINA v. GEORGE SYLVESTER FOSTER

No. 7428SC152

(Filed 3 April 1974)

Appeal by defendant from Anglin, Judge, at the 13 August 1973 Criminal Session of Buncombe County Superior Court.

Heard in the Court of Appeals 19 March 1974.

The defendant was tried under three bills of indictment charging him with armed robbery, kidnapping, and assault with a deadly weapon with intent to kill inflicting serious bodily injury not resulting in death.

The State offered Goldie Dotson who identified the defendant as the man who held a sawed-off shotgun on her while a codefendant demanded and got money from her while she was on duty at the 7-11 Store on Biltmore Avenue in the City of Asheville. She testified she saw them commandeer one Roy Lee Burrell and take him and his truck and leave the store at a high rate of speed going north on Biltmore Avenue. The defendants took approximately $341.00. Roy L. Burrell testifed that he was grabbed and forced to his truck at gunpoint; that when he did not move fast enough, he was shot in the leg and then pushed in the middle of the truck between the two defendants and forcibly carried to the intersection of Biltmore Avenue and Victoria Road where his truck was wrecked. Burrell further *227testified that he spent several weeks in the hospital, and that he is permanently injured, his injuries necessitating his having to wear a brace on his leg for the remainder of his life.

The defendant testified that he was not in Asheville at the time of the robbery and was living in Wilson, North Carolina.

Defendant was convicted of three charges and sentenced to forty-seven years in the State Prison for the kidnapping, fifteen years for the armed robbery, and five years for the lesser included offense of assault with a deadly weapon inflicting serious injury, all sentences to run concurrently.

Attorney General Robert Morgan by Associate Attorney General Keith L. Jarvis for the State.

Robert L. Harrell for defendant appellant.

CAMPBELL, Judge.

This case presents only the face of the record for review. We have carefully reviewed the record and find no prejudicial error.

No error.

Judges Morris and Vaughn concur.