State v. Clevinger, ___ N.C. App. ___, 791 S.E.2d 248 (Sept. 6, 2016)

Where the State’s evidence was positive and uncontroverted as to whether a weapon used during an armed robbery was in fact a dangerous weapon and there was no evidence from which a rational juror could find that the weapon was anything other than a dangerous one, no error occurred when the trial court submitted the issue of whether the weapon was dangerous to the jury but did not instruct on common law robbery. The State’s evidence showed that during the robbery the defendant grabbed the victim, pulled her head back, and held a chef’s knife against her neck as he threatened to slit her throat.