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266 N.C. 354

146 S.E.2d 107

State v. Bridges

Supreme Court of North Carolina

Decided January 14, 1966

Supreme Court of North Carolina · decided 1966-01-14

Relies on State v. Marshall Norman Hicks · State v. . Bell · State v. Hammonds

Good law ✅— No negative treatment on recordhow we know

Decided 1966-01-14

How this case has been cited

Cited by 20 later decisions — most recently May 1993

20 state decisions

1601966197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER Cubiam.

¶1 Ben Grantham’s testimony positively identified defendant as one of the participants in the robbery charged. Mr. Merritt testified, “I think he (defendant) is the man that did it.” His “lack of positiveness” as to the identification of defendant went to the weight and not to the admissibility of the testimony. State v. Church, 231 N.C. 39, 55 S.E. 2d 792; Stansbury, N. C. Evidence § 129 (2d Ed. 1963). Defendant’s assignment of error based upon an exception to this evidence cannot be sustained.

¶2 Defendant’s defense was alibi. All the evidence tends to show a completed robbery accomplished with the use of firearms. There was no evidence from which the jury could find that any of the lesser offenses included within an indictment charging armed robbery were committed. Therefore the judge was not, as defendant contends, required to instruct the jury that it might return a verdict of guilty of common-law robbery. State v. Bell, 228 N.C. 659, 46 S.E. 2d 834. See State v. Hicks, 241 N.C. 156, 159-60, 84 S.E. 2d 545, 547-48. The judge’s definition of reasonable doubt was in accord with our decisions. State v. Hammonds, 241 N.C. 226, 85 S.E. 2d 133.

¶3 In the trial we find

¶4 No error.

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