{
  "id": 8557202,
  "name": "STATE OF NORTH CAROLINA v. RICKY BLACK",
  "name_abbreviation": "State v. Black",
  "decision_date": "1974-06-05",
  "docket_number": "No. 7420SC201",
  "first_page": "640",
  "last_page": "644",
  "citations": [
    {
      "type": "official",
      "cite": "21 N.C. App. 640"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "178 S.E. 2d 809",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "278 N.C. 80",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8559685
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/278/0080-01"
      ]
    },
    {
      "cite": "178 S.E. 2d 442",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "277 N.C. 697",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8567413
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/277/0697-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 427,
    "char_count": 9030,
    "ocr_confidence": 0.585,
    "pagerank": {
      "raw": 2.5325145107956116e-07,
      "percentile": 0.812619191311926
    },
    "sha256": "0cbaa89070f909cf753f5e96a96362bfe8cdba4801f1fc4d83425021b9034a7a",
    "simhash": "1:e6a7c4c5b2ba3e5f",
    "word_count": 1618
  },
  "last_updated": "2023-07-14T21:32:29.924632+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judge Parker concurs.",
      "Judge Baley dissenting:"
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. RICKY BLACK"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nThe prosecuting witness in this case is an eighty-one year old woman who, on the date in question, was conducting business alone in her establishment when defendant, a five feet-nine inch seventeen year old male, accompanied by a fifteen year old male, entered the shop and examined the knife with the blade opened. There is evidence to the effect that Mrs. Carr was then assailed by both males who pummeled her head, inflicted a laceration of the ear, and then fled the premises with the knife.\nThe State\u2019s evidence tends to show that defendant took, or attempted to take, Mrs. Carr\u2019s knife by the use or threatened use of the knife whereby the life of Mrs. Carr was endangered or threatened, and that the taking, or attempt to take, was with intent to permanently deprive Mrs. Carr of her knife and to convert the knife to defendant\u2019s own use. This evidence tends to show a violation of G.S. 14-87. Defendant does not argue to the contrary. He argues only that the trial court committed prejudicial error by failing to submit to the jury the lesser offense of common law robbery.\nIt is true that in a prosecution for robbery with a dangerous weapon, the accused may be acquitted of the crime charged and convicted of a lesser offense included in the offense charged, such as common law robbery, if there is evidence from which the commission of such lesser offense can be found. But the trial court is not required to submit to the jury the question of a lesser offense, included in that charged, where there is no evidence to support such a verdict. State v. Owens, 277 N.C. 697, 178 S.E. 2d 442. The mere contention that the jury might accept the State\u2019s evidence in part and might reject it in part is not sufficient to require submission to the jury of a lesser offense. State v. Bailey, 278 N.C. 80, 178 S.E. 2d 809.\nThe State\u2019s evidence tended to show robbery or attempted robbery with the use or threatened use of the knife, a dangerous weapon.\nThe defendant\u2019s evidence tends to show that no robbery was committed or attempted. It tends to show commission of the offense of an assault on Mrs. Carr by one Michael Duncan, who had accompanied defendant. However, defendant\u2019s evidence tends to show defendant did not participate in the commission of that offense.\nIf the State\u2019s evidence is believed, defendant committed the offense of robbery with a dangerous weapon, or attempted robbery with a dangerous weapon. If defendant\u2019s evidence is believed, he committed no offense. There was no evidence to support a verdict of guilty of common law robbery. The mere contention that the jury might accept the State\u2019s evidence that defendant robbed, or attempted to rob, Mrs. Carr, but might reject the State\u2019s evidence that defendant used or threatened to use the knife does not require the submission of the offense of common law robbery to the jury. State v. Bailey, supra. Under the State\u2019s evidence, if a robbery were committed or attempted, it was committed or attempted with the use or threatened use of the knife. The jury was properly instructed that they must be satisfied beyond a reasonable doubt of the existence of each element of the crime, which included the use or threatened use of the knife, or it would be the jury\u2019s duty to acquit defendant.\nThe trial court was correct in refusing to submit to the jury the question of defendant\u2019s guilt of common law robbery.\nNo error.\nJudge Parker concurs.\nJudge Baley dissenting:\nIn my view there is evidence to support a verdict for the lesser offense of common law robbery.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Davis, for the State.",
      "William H. Helms for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. RICKY BLACK\nNo. 7420SC201\n(Filed 5 June 1974)\nRobbery \u00a7 5\u2014 armed robbery \u2014 failure to submit common law robbery The trial court in a prosecution for armed robbery or attempted armed robbery did not err in failing to submit the lesser included offense of common law robbery where the State\u2019s evidence tended to show that defendant and another entered a shop and examined a knife with the blade open, that defendant told the owner, \u201cIf you don\u2019t give us this knife, we\u2019re going to get you,\u201d and that the owner was then assaulted by both persons who pummeled her head, inflicted a laceration of the ear and fled the premises with the knife, and defendant\u2019s evidence tended to show that no robbery was committed or attempted, that the person who accompanied defendant assaulted the shop owner and that defendant did not participate in that offense.\nJudge Baley dissenting.\nAppeal by defendant from McConnell, Judge, 22 October 1973 Session of Superior Court held in Union County.\nDefendant was tried upon a bill of indictment charging robbery with a dangerous weapon, a knife, whereby the life of Mrs. Lonnie S. Carr was endangered or threatened.\nThe State\u2019s evidence tends to show that on 13 September 1973 defendant and two other individuals entered Carr\u2019s Novelty Shop in Monroe, North Carolina. Mrs. Lonnie S. Carr, the prosecuting witness who operates the business, brought some knives to defendant who had requested to see them out of their respective shelves. The three individuals remained in the store a few minutes until Mrs. Carr coaxed them out in order that she might close the store and go to lunch. When Mrs. Carr reopened the store after lunch, defendant and one other youth came back and stated they wanted to buy the knife seen earlier in the day. Mrs. Carr then testified:\n\u201cI turned right around and handed Black [defendant] the knife. I told him that it was the same price as it was, $2.58, counting the taxes. He took the knife and held it up like this. (Witness indicating). The blade of the knife was open. It was still open, I didn\u2019t close it back up after they went out. After raising the knife, Black said, \u2018If you don\u2019t give us this knife, we\u2019re going to get you.\u2019 That\u2019s the last thing I knew. I blacked out. . . .\n* * *\n\u201cIt was a very short time till I regained consciousness. No one was present at that time but me. I was down on the floor on my knees, and they had been beating my head. I could hear, but couldn\u2019t see them. The boys that got the knife were beating my head. . . .\n\u201cMy ear was cut. I had to go to the hospital and have about three stitches taken in it. I had on a blue print dress when I got up, I looked at it and there was blood all over it.\u201d\nWhen the two youths left, they took the knife with them. On cross-examination, Mrs. Carr testified:\n\u201cRicky [defendant] was holding the knife after I gave it to him. He was holding it about like this. (Witness indicating). It was about eye level. Both of his palms were together. His thumbs and fingers were extended and the knife was between his palms. Ricky Black at no time pointed the knife at me. He said he would get me. He said, \u2018We\u2019ll get you if you don\u2019t give us this knife.\u2019 He knocked me out. He grabbed me from behind the showcase and I didn\u2019t know anything. I do not know who struck me. . . .\n\u201cThe first time I was struck, I didn\u2019t see who struck me. I was standing directly in front of Ricky Black. They grabbed me. He was not to one side or the other. I did not see Ricky Black\u2019s arm move at all. He never said he would kill me. He only said, \u2018If you don\u2019t give us the knife, we\u2019re going to get you.\u2019 \u201d\nMichael Duncan appeared as a witness for the State and testified that he accompanied defendant to Carr\u2019s Novelty Shop on the day in question. Duncan stated that when Mrs. Carr handed the knife to defendant\n\u201cHe [defendant] told her he wanted some money, and she was talking and so she didn\u2019t hear him. He then again said he wanted some money, and then she jumped back and started to run. She ran toward the back of her store. That was all. When she went backward, Ricky [defendant] just stood there and looked at her, and then went out the back door. The two of us were in there about three minutes at that time. . . . Ricky said he left the knife there. I don\u2019t know what he did with the knife.\u201d\nThe defendant\u2019s evidence tends to show that he and Michael Duncan went to Carr\u2019s Novelty Shop on 13 September 1973 to buy a knife. Mrs. Carr handed defendant a knife which he opened himself and held it to his face, looking at it. Defendant testified\n\u201cShe started hollering and screaming and ran to the right side of the counter where Michael [Duncan] was. Michael started beating the lady and she fell. . . . Michael started beating the lady in the head and I just stood there. I just stood there and the knife that I had \u2014 I dropped it in the store on the floor. I ran over there and pushed Michael off the lady and he said, \u2018Are you going to get the money?\u2019 I said, \u2018No, let\u2019s get out of here.\u2019 So we ran.\u201d\nThe trial judge instructed the jury that it might return any one of three verdicts: (1) guilty of robbery with a dangerous weapon, (2) attempted robbery with a dangerous weapon, or (3) not guilty. The jury returned a verdict of guilty of attempted robbery with a dangerous weapon. Judgment of imprisonment was entered thereon.\nAttorney General Morgan, by Assistant Attorney General Davis, for the State.\nWilliam H. Helms for the defendant."
  },
  "file_name": "0640-01",
  "first_page_order": 668,
  "last_page_order": 672
}