Smith's Criminal Case Compendium
Table of Contents
State v. Hill, 365 N.C. 273 (Oct. 7, 2011)
Affirming the court of appeals, the court held the State presented substantial evidence that the victim’s money was taken through the use or threatened use of a dangerous weapon. The court noted that the investigating officer had testified that the victim reported being robbed by a man with a knife. The court also held that the evidence was sufficient to establish that the victim’s life was endangered or threatened by the assailant’s possession, use, or threatened use of a dangerous weapon, relying on the testimony noted above and the victim’s injuries. The court rejected the defendant’s argument that the evidence failed to support this element because the victim never indicated that he was afraid or felt threatened, concluding that the question is whether a person’s life was in fact endangered or threatened by the weapon, not whether the victim was scared or in fear of his or her life.