Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Johnson, 208 N.C. App. 443 (Dec. 7, 2010)
The trial court erred by denying the defendant’s motion to dismiss a charge of attempted armed robbery when there was no evidence that the defendant attempted to take the victim’s personal property. Because the defendant’s conviction for felony breaking or entering was based on an intent to commit armed robbery, the trial court also erred by failing to dismiss that charge.