State v. Harris, 91 N.C. App. 526 (1988)

Oct. 4, 1988 · North Carolina Court of Appeals · No. 8826SC183

91 N.C. App. 526

STATE OF NORTH CAROLINA v. WILLIE DARRYL HARRIS

No. 8826SC183

(Filed 4 October 1988)

Robbery g 1.2— common law robbery lesser offense of armed robbery

Defendant who was indicted and tried for armed robbery in violation of N.C.G.S. § 14-87 could properly be convicted of common law robbery as a lesser included offense.

Appeal by defendant from Griffin, Kenneth A., Judge. Judgment entered 25 September 1987 in Superior Court, Mecklen-burg County. Heard in the Court of Appeals 8 September 1988.

Attorney General Thornburg, by Associate Attorney General Barbara A. Shaw, for the State.

DeVore and Mundorf, by Jon G. Mundorf, for defendant appellant.

PHILLIPS, Judge.

Indicted and tried for armed robbery in violation of G.S. 14-87 defendant was convicted of common law robbery as a lesser included offense. Relying upon the reasoning of our Supreme Court in State v. Hurst, 320 N.C. 589, 359 S.E. 2d 776 (1987), where it was ruled that felonious larceny is not a lesser included offense of armed robbery, defendant’s only contention here is that common law robbery is not a lesser included offense of armed robbery and the court erred in charging the jury and in accepting a verdict thereon. But since Hurst was overruled by State v. White, 322 N.C. 506, 369 S.E. 2d 813 (1988), in which the Supreme Court reaffirmed its holding in State v. Joyner, 312 N.C. 779, 324 S.E. 2d 841 (1985) and other cases that common law robbery is a lesser included offense of armed robbery, defendant’s contention must be and is overruled.

No error.

Judges Eagles and Parker concur.