{ "id": 8553914, "name": "STATE OF NORTH CAROLINA v. AUBURN GLENN JOHNSON", "name_abbreviation": "State v. Johnson", "decision_date": "1975-07-02", "docket_number": "No. 7514SC289", "first_page": "516", "last_page": "517", "citations": [ { "type": "official", "cite": "26 N.C. App. 516" } ], "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": "187 S.E. 2d 98", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "280 N.C. 700", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573421 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nc/280/0700-01" ] } ], "analysis": { "cardinality": 271, "char_count": 4012, "ocr_confidence": 0.563, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.20597764580097142 }, "sha256": "e6530cdd5c6b890cf5c6b98bb48182fcd942d30c42848db1f1a77c7a3c01c3d9", "simhash": "1:81ecf34652a8996e", "word_count": 675 }, "last_updated": "2023-07-14T16:59:13.418266+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Chief Judge Brock and Judge Arnold concur.." ], "parties": [ "STATE OF NORTH CAROLINA v. AUBURN GLENN JOHNSON" ], "opinions": [ { "text": "PARKER, Judge.\nDefendant\u2019s assignments of error directed to denial of his motions for nonsuit and to set aside the verdict as against the greater weight of the evidence are overruled. It would be difficult to imagine a case in which evidence to justify a finding of guilt could be more overwhelming. Defendant\u2019s testimony that he was an unwilling participant in the robbery and that he was coerced by his fear of Mason was for the jury to evaluate.\nThe only other assignment of error brought forward on this appeal is directed to the court\u2019s action in consolidating for trial the armed robbery charge with a charge of conspiracy to commit the armed robbery. By separate bill of indictment defendant, Mason, and McGill were jointly charged with the crime of conspiring with each other to commit the crime of armed robbery at the Yorktown Theatre. In apt time defendant objected to the consolidation of this charge with the charge of armed robbery on which he was ultimately convicted. His objection was overruled. However, at the close of the evidence his motion for nonsuit as to the conspiracy charge was abowed and only the armed robbery case was submitted to the jury.\nWe find no error in the consolidation of the two cases for trial. The two charges were for \u201cacts or transactions connected together,\u201d and under G.S. 15-152 the court had authority to order them to be consolidated. Consolidation was a discretionary matter to be determined by the trial judge. State v. Johnson, 280 N.C. 700, 187 S.E. 2d 98 (1972). Moreover, defendant has failed to show how he has been prejudiced by the consolidation in this case.\nIn defendant\u2019s trial and in the judgment appealed from we. find\nNo error.\nChief Judge Brock and Judge Arnold concur..", "type": "majority", "author": "PARKER, Judge." } ], "attorneys": [ "Attorney General Edmisten by Associate Attorney General T. Lawrence Pollard for the State.", "Paul, Keenan, Rowan & Galloway by Karen Bethea Galloway for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. AUBURN GLENN JOHNSON\nNo. 7514SC289\n(Filed 2 July 1975)\n1. Robbery \u00a7 4 \u2014 ; armed robbery \u2014 theatre employee \u2014 sufficiency of evidence\nEvidence was sufficient to be submitted to the jury in an armed robbery prosecution where it tended to show that defendant held the money bag during a robbery of a theatre employee while defendant\u2019s companion held a shotgun which he fired several times.\n2. Criminal Law \u00a7 92\u2014 armed robbery and conspiracy to commit armed robbery \u2014 consolidation proper\nThe trial court did not err in consolidating for trial charges of armed robbery and conspiracy to commit the armed robbery, since the charges were for \u201cacts or transactions connected together,\u201d and under G.S. 15-152 the court had authority to order them to be consolidated.\nAppeal by defendant from Canaday, Judge. Judgment entered 16 January 1975 in Superior Court, Durham County. Heard in the Court of Appeals 11 June 1975.\nDefendant was tried on his plea of not guilty to an indictment charging him with armed robbery. The State\u2019s evidence showed: On the evening of 15 December 1973 the defendant, together with two other men, Weldon Mason and Joe McGill, entered the lobby of the Yorktown Theatre in Durham. Mason held a shotgun, which he fired into the ceiling. Defendant went to the cashier\u2019s counter, where he held a green money bag into which the cashier put money. After the cashier said, \u201cThat\u2019s all I have,\u201d defendant and his two companions left the theatre, defendant still carrying the money bag. As they were leaving, Mason again fired the shotgun several times, striking and wounding the theatre manager with three shots. According to the theatre records, $340.00 was missing.\nDefendant testified that he accompanied Mason and McGill to the theatre and held the money bag only because he was afraid of Mason. He also testified that he did not want any of the money and that he took part of the money only after Mason pointed the gun at him and made him do so.\nThe jury found defendant guilty, ancl from judgment on the verdict imposing a prison sentence, defendant appealed.\nAttorney General Edmisten by Associate Attorney General T. Lawrence Pollard for the State.\nPaul, Keenan, Rowan & Galloway by Karen Bethea Galloway for defendant appellant." }, "file_name": "0516-01", "first_page_order": 544, "last_page_order": 545 }