{
  "id": 8555226,
  "name": "STATE OF NORTH CAROLINA v. JESSIE GRAHAM, RONALD L. ROBERTS",
  "name_abbreviation": "State v. Graham",
  "decision_date": "1976-04-21",
  "docket_number": "No. 763SC28",
  "first_page": "234",
  "last_page": "235",
  "citations": [
    {
      "type": "official",
      "cite": "29 N.C. App. 234"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T16:29:22.308082+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Britt and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JESSIE GRAHAM, RONALD L. ROBERTS"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nWe have considered all of the assignments of error brought forward and, except as hereinafter stated, find them to be without merit.\nEach defendant was convicted of armed robbery and assault with a deadly weapon. All offenses arose out of the same occurrence. A defendant, having been convicted of armed robbery, cannot be convicted of the lesser offense of assault with a deadly weapon where both offenses arise out of the same act. We must, therefore, arrest judgment in the assault with a deadly weapon cases.\nAs to each defendant, the judge consolidated the cases for judgment and ordered the imposition of a single sentence. It is necessary, therefore, to remand the cases for entry of a proper judgment against each defendant on the armed robbery conviction.\nNos. 75CR4999 and 75CR4960 (the armed robbery cases) are remanded for resentencing.\nIn Nos. 75CR4998 and 75CR4959 (the assault with a deadly weapon cases) the judgments are arrested.\nJudges Britt and Arnold concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Noel Lee Allen, for the State.",
      "Lee, Hancock & Lasitter, by Moses Dow Lasitter, for defendant appellant, Jessie Graham.",
      "Robert G. Bowers, for defendant appellant, Ronald L. Roberts."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JESSIE GRAHAM, RONALD L. ROBERTS\nNo. 763SC28\n(Filed 21 April 1976)\nCriminal Law \u00a7 26; Robbery \u00a7 5\u2014 armed robbery \u2014 assault with deadly weapon \u2014 one act \u2014 double jeopardy\nA defendant, having been convicted of armed robbery, cannot be convicted of the lesser offense of assault with a deadly weapon where both offenses arise out of the same act.\nAppeal by defendants from Lanier, Judge. Judgments entered 28 August 1975 in Superior Court, Craven County. Heard in the Court of Appeals 16 April 1976.\nAttorney General Edmisten, by Associate Attorney Noel Lee Allen, for the State.\nLee, Hancock & Lasitter, by Moses Dow Lasitter, for defendant appellant, Jessie Graham.\nRobert G. Bowers, for defendant appellant, Ronald L. Roberts."
  },
  "file_name": "0234-01",
  "first_page_order": 266,
  "last_page_order": 267
}