{
  "id": 8554731,
  "name": "STATE OF NORTH CAROLINA v. CECIL DAVID DARK",
  "name_abbreviation": "State v. Dark",
  "decision_date": "1975-07-16",
  "docket_number": "No. 7510SC314",
  "first_page": "610",
  "last_page": "612",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 610"
    }
  ],
  "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": "213 S.E. 2d 389",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1975,
      "opinion_index": 0
    },
    {
      "cite": "25 N.C. App. 459",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8554562
      ],
      "year": 1975,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/25/0459-01"
      ]
    },
    {
      "cite": "216 S.E. 2d 403",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1975,
      "opinion_index": 0
    },
    {
      "cite": "26 N.C. App. 511",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8553861
      ],
      "year": 1975,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/26/0511-01"
      ]
    },
    {
      "cite": "199 S.E. 620",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "year": 1938,
      "opinion_index": 0
    },
    {
      "cite": "214 N.C. 447",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8631229
      ],
      "year": 1938,
      "opinion_index": 0,
      "case_paths": [
        "/nc/214/0447-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 325,
    "char_count": 4742,
    "ocr_confidence": 0.538,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
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    "sha256": "ecd58576dff0168e3fe319f7b0ba4d881d3bc233cde8c27210037d95e315c56d",
    "simhash": "1:a0e5f83a52ad995f",
    "word_count": 841
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  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Britt and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CECIL DAVID DARK"
    ],
    "opinions": [
      {
        "text": "MARTIN, Judge.\nDefendant assigns as error the denial of his motions to dismiss and to set aside the verdict as contrary to the weight of the evidence. He strenuously argues that there was no evidence that the object placed against the night manager's head was a dangerous weapon and that, consequently, it was error to submit the question of armed robbery to the jury. He relies on State v. Keller, 214 N.C. 447, 199 S.E. 620 (1938).\nIn Keller the victim testified that he did not see a pistol and the evidence only tended to show that defendants sought to make the victim believe they had a pistol by placing a finger to the victim\u2019s head. The Court held that the presence of a firearm was a constituent element of the crime of robbery with a firearm and ordered a new trial for failure of the trial court to so instruct the jury. Furthermore, it was pointed out that the trial court failed to charge on the offense of common law robbery.\nKeller is clearly distinguishable. In the present case the night manager testified that he sensed an object against his head which felt like a pistol barrel and that he heard it \u201cclick.\u201d The trial judge charged the jury on both armed robbery and common law robbery, and specifically instructed that a \u201ctoy pistol would not be a dangerous weapon as a matter of law.\u201d Also, the jury was instructed that in order to find defendant guilty of robbery with a firearm or other dangerous weapon, the State must prove that defendant had in his possession a dangerous weapon and that defendant obtained the property by endangering or threatening the life of the night manager with a dangerous weapon.\nIt is true, as defendant points out with emphasis, that the State\u2019s witness never testified that he saw the object used in the alleged robbery. Nevertheless, eyesight is not the only sensory mechanism by which one can experience an object. Viewing the evidence in the light most favorable to the State, the question as to whether there was an armed robbery was one for the jury to answer. State v. Smith, 26 N.C. App. 511, 216 S.E. 2d 403 (1975) ; State v. Evans, 25 N.C. App. 459, 213 S.E. 2d 389 (1975).\nDefendant\u2019s remaining assignment of error is overruled.\nNo error.\nJudges Britt and Hedrick concur.",
        "type": "majority",
        "author": "MARTIN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Jerry J. Rutledge, for the State.",
      "Jordan, Morris and Hoke, by Joseph E. Wall, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CECIL DAVID DARK\nNo. 7510SC314\n(Filed 16 July 1975)\nRobbery \u00a7 4\u2014 armed robbery \u2014 use of dangerous weapon \u2014 sufficiency of evidence\nEvidence was sufficient to be submitted to the jury in a prosecution for armed robbery where the evidence tended to show that the night manager of a motel sensed an object against his head which felt like a pistol barrel and he heard it click, a toy pistol was found in defendant\u2019s room, and money and a .38 caliber pistol were taken in the robbery.\nAppeal by defendant from McKinnon, Judge. Judgment entered 6 March 1975 in Superior Court, Wake County. Heard in the Court of Appeals 17 June 1975.\nDefendant was charged in a bill of indictment with armed robbery. He entered a plea of not guilty.\nState\u2019s evidence tends to show that George E. Fortune, the night manager of the Ramada Inn in Apex, North Carolina, was working during the early morning of 10 November 1974 and had locked the front door. Someone knocked on the door, stating that he wanted a room. As Fortune proceeded to unlock the door, he was grabbed from behind and his arms were pinned to his sides. Then, according to Fortune, \u201cwhat felt like a weapon was put to my head. I heard it click. I was told not to move and to do as they said. I felt cold steel. It felt like a pistol barrel.\u201d Fortune\u2019s hands were tied, and he was told to lie on the floor. Over $400.00 was taken along with a .38 caliber pistol which was beneath the counter. Fortune identified defendant, Cecil Dark, as one of the men who robbed him and stated that he had no doubts about it. Also, a toy pistol, found in defendant\u2019s room, was introduced in evidence.\nDefendant offered evidence which tends to show that on the evening of 9 November 1974 he was at home with his mother. He and his mother along with three other people played cards that evening. After the card game, defendant went to bed and did not leave the house at any time that night. Defendant denied any participation in the robbery.\nIn rebuttal, the State offered evidence which tends to show that defendant\u2019s mother had made an earlier statement to the police to the effect that defendant was in Harnett County with his girl friend on the weekend in question.\nThe jury found defendant guilty of robbery with a dangerous weapon. From judgment imposing a prison sentence, defendant appealed.\nAttorney General Edmisten, by Associate Attorney Jerry J. Rutledge, for the State.\nJordan, Morris and Hoke, by Joseph E. Wall, for defendant appellant."
  },
  "file_name": "0610-01",
  "first_page_order": 638,
  "last_page_order": 640
}
