{
  "id": 8560722,
  "name": "STATE OF NORTH CAROLINA v. ROBERT N. BRIDGES",
  "name_abbreviation": "State v. Bridges",
  "decision_date": "1966-01-14",
  "docket_number": "",
  "first_page": "354",
  "last_page": "355",
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    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "85 S.E. 2d 133",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
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      "cite": "241 N.C. 226",
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      "cite": "241 N.C. 156",
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      "reporter": "N.C.",
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      "cite": "46 S.E. 2d 834",
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      "reporter": "S.E.2d",
      "opinion_index": 0
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    {
      "cite": "228 N.C. 659",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "55 S.E. 2d 792",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1963,
      "opinion_index": 0
    },
    {
      "cite": "231 N.C. 39",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8628021
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      "year": 1963,
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  "last_updated": "2023-07-14T18:16:51.556627+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. ROBERT N. BRIDGES."
    ],
    "opinions": [
      {
        "text": "PER Cubiam.\nBen Grantham\u2019s testimony positively identified defendant as one of the participants in the robbery charged. Mr. Merritt testified, \u201cI think he (defendant) is the man that did it.\u201d His \u201clack of positiveness\u201d as to the identification of defendant went to the weight and not to the admissibility of the testimony. State v. Church, 231 N.C. 39, 55 S.E. 2d 792; Stansbury, N. C. Evidence \u00a7 129 (2d Ed. 1963). Defendant\u2019s assignment of error based upon an exception to this evidence cannot be sustained.\nDefendant\u2019s defense was alibi. All the evidence tends to show a completed robbery accomplished with the use of firearms. There was no evidence from which the jury could find that any of the lesser offenses included within an indictment charging armed robbery were committed. Therefore the judge was not, as defendant contends, required to instruct the jury that it might return a verdict of guilty of common-law robbery. State v. Bell, 228 N.C. 659, 46 S.E. 2d 834. See State v. Hicks, 241 N.C. 156, 159-60, 84 S.E. 2d 545, 547-48. The judge\u2019s definition of reasonable doubt was in accord with our decisions. State v. Hammonds, 241 N.C. 226, 85 S.E. 2d 133.\nIn the trial we find\nNo error.",
        "type": "majority",
        "author": "PER Cubiam."
      }
    ],
    "attorneys": [
      "Attorney General T. W. Bruton, Charles D. Barham, Jr., Assistant Attorney General, and Wilson B. Partin, Jr., 'for the State.",
      "F. Gordon Battle for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. ROBERT N. BRIDGES.\n(Filed 14 January, 1966.)\n1. CivUninal Law \u00a7 65\u2014\nTestimony of a witness that \u201cI think\u201d defendant was the culprit is competent, since the want of positiveness of identification goes to the weight and not to the admissibility of the testimony.\n2. Robbery \u00a7 5\u2014\nWhere the evidence tends to show a completed robbery accomplished with the use of firearms, the court need not instruct the jury as to its right to return a verdict of guilty of common law robbery.\nAppeal by defendant from Johnson, J., August 1965 Criminal Session of Okange.\nDefendant was tried upon a bill of indictment charging him with armed robbery (G.S. 14-87). The' State\u2019s evidence tended to show that about 8:00 p.m. on April 20, 1964, defendant, with another person, entered the store of E. G. Merritt. Defendant, who was armed with a .32 automatic pistol, fired a shot into the counter, and threatened to kill M\u00e9rritt and Ben Grantham, his son-in-law, if they resisted the \u201chold-up?\u2019 Defendant\u2019s companion removed $133.00\u2019from the cash register and the two men fled. Defendant\u2019s evidence tended to show that he was in the State of Maryland on April 20) 1964, and could not have committed the crime. The judge instructed the jury to return a verdict of guilty as charged or not guilty. \u00edhe verdict was \u201cguilty as charged.\u201d From a judgment of imprisonment defendant appeals.\nAttorney General T. W. Bruton, Charles D. Barham, Jr., Assistant Attorney General, and Wilson B. Partin, Jr., 'for the State.\nF. Gordon Battle for defendant appellant."
  },
  "file_name": "0354-01",
  "first_page_order": 390,
  "last_page_order": 391
}