Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Elkins, 210 N.C. App. 110 (Mar. 1, 2011)
In an armed robbery case, a store clerk’s testimony that he thought the defendant had a gun was not inadmissible speculation or conjecture. Based on his observations, the clerk believed that the defendant had a gun because the defendant was hiding his arm under his jacket. The clerk’s perception was rationally based on his firsthand observation of the defendant and was more than mere speculation or conjecture.