#### STATE OF NORTH CAROLINA v. I. JUNIOR McCREE

No. 7426SC1045

(Filed 5 March 1975)

On writ of certiorari to review proceedings before Hasty, Judge. Judgment entered 10 May 1974 in Superior Court, MECK-LENBURG County. Heard in the Court of Appeals 19 February 1975.

Defendant was charged in a bill of indictment with armed robbery. He pleaded not guilty and was tried before a jury. The State’s evidence tended to show the following:

Early in the morning of 4 December 1973 two black men entered the lobby of the King’s Kastle Inn in Charlotte, drew guns and demanded money. A third man, later identified by the night clerk as defendant, joined them. They escaped with the clerk’s wallet and some $700 from the cash register. Shortly thereafter, police officers stopped a car in which defendant and three others were riding. With the consent of the owner-operator, they searched the vehicle and found two pistols, $741 in cash, and the wallet.

Defendant denied taking part in the robbery or knowing any of the participants. He testified that he was on his way home from work when he spotted the car and asked for a ride.

The jury found defendant guilty as charged. From judgment imposing a prison sentence, he appealed to this Court.

Attorney General Edmisten, by Assistant Attorney General H. A. Cole, Jr., for the State.

T. 0. Stennett for defendant appellant.

*116ARNOLD, Judge.

Defendant presents the record proper for review. We have carefully examined the record, and in our opinion he has received a fair trial free from prejudicial error.

No error.

Judges Britt and Morris concur.