Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Williamson, 220 N.C. App. 512 (May. 15, 2012)
In an armed robbery case, the trial court did not err by failing to instruct the jury on common law robbery and by denying the defendant’s motion to dismiss armed robbery charges. Because there was no evidence that the gun was inoperable or unloaded, there was no evidence to rebut the presumption that the firearm was functioning properly.