State v. Elkins, 210 N.C. App. 110 (Mar. 1, 2011)

The evidence was sufficient to establish that the defendant took money from a store clerk by means of violence or fear. The defendant hid his arm underneath his jacket in a manner suggesting that he had a gun; the clerk knew the defendant was “serious” because his eyes were “evil looking”; and the clerk was afraid and therefore gave the defendant the money. The court distinguished State v. Parker, 322 N.C. 559 (1988), on grounds that in that case, there was no weapon in sight and the victim was not afraid. Instead, the court found the case analogous to State v. White, 142 N.C. App. 201 (2001), which concluded that there was sufficient evidence of violence or fear when the defendant handed a threatening note to the store clerks implying that he had a gun, even though none of them saw a firearm in his possession.

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