Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

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This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

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E.g., 09/21/2021
E.g., 09/21/2021

(1) The evidence was sufficient to support charges of attempted armed robbery against both defendants. The defendants and a third person, Moore, planned to rob Bobbie Yates of marijuana. However, once they learned there was a poker game going on in the apartment, they retrieved another weapon and returned to the apartment to rob those present. Upon entering the apartment, Moore took money off the kitchen table where several of the people were playing poker, and proceeded to search their pockets for more money. The robbery lasted between two and four minutes, during which time the defendants continuously pointed their weapons at the people present. After Moore took money from those seated around the kitchen table, he—with shotgun in hand—approached Mr. Allen, who was “passed out” or asleep in the living room. One witness saw Moore search Allen’s pockets, but no one saw Moore take money from Allen. This evidence was sufficient to show that the defendants, acting in concert with Moore, had the specific intent to deprive Allen of his personal property by endangering or threatening his life with a dangerous weapon and took overt acts to bring about this result. (2) The court rejected the defendants argument that the trial court erred by failing to instruct the jury on attempted larceny and attempted common law robbery as lesser-included offenses of attempted armed robbery of Allen. The defendant argued that because Allen was “passed out” or asleep, his life was not endangered or threatened. The court found that where, as here, the defendants were convicted of attempted robbery, their argument failed.

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