#### STATE OF NORTH CAROLINA v. J. R. HENDERSON

No. 7416SC179

(Filed 20 March 1974)

On certiorari to review the order of McLellcmd, Judge, at the March 1973 Criminal Session of Robeson Superior Court.

Heard in the Court of Appeals 12 March 1974.

The defendant was indicted for common law robbery. The State’s evidence tended to show that on the morning of 30 December 1972, at about 6:30 o’clock a.m., the defendant, J. R. Henderson, struck Leonard Carter, the operator of the Direct Service Station at East Second and Grace Streets in Lumberton, North Carolina, on the head from behind with an Ajax can. The defendant struck Carter in the face several times with his fists. The defendant removed a roll of money from Carter’s pocket which Carter had from the operation of the service station; but, in the ensuing struggle, the money was knocked to the floor. Both men grabbed at the money on the floor, and the defendant made off with a handful of bills which Carter estimated to be thirteen dollars. From a verdict of guilty as charged and a sentence of not more than five nor less than eight years in the State Prison, the defendant, in open court, appealed.

*156 Attorney General Robert Morgan by Assistant Attorneys General Donald A. Davis and James Blackburn for the State.

Lee & Lee by W. Osborne Lee, Jr., 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 Hedrick and Baley concur.