Volume 28 — North Carolina Court of Appeals Reports

1. Notice 1; Rules of Civil Procedure 21 — joinder of additional party defendant — notice to original defendant required The trial court properly concluded that defendant Golden Eagle was entitled to notice and a hearing with respect to orders allowing<page_number>Page 101</page_number> plaintiff to amend her complaint and to add an additional party defendant. 2. Notice 1 — right to notice The right to notice and an opportunity to be heard on motions filed in a lawsuit is critically important to the non-movant and cannot be considered an insubstantial or inconsequential omission on the part of the movant and the court.

1. Uniform Commercial Code 17 — sale of mobile home — tender of full payment — other agreement In an action to recover a deposit on a mobile home, plaintiff's evidence was sufficient to support a jury finding that defendant seller agreed to install the mobile home before full payment was received and that tender of payment was therefore not a condition precedent to the seller's duty of delivery. G.S. <cross_reference>25-2-511</cross_reference> (1). 2. Uniform Commercial Code 17 — sale of mobile home — delivery before payment — necessity for instructions In an action to recover a deposit on a mobile home, the trial court erred in failing to instruct the jury as to the existence or nonexistence of an agreement to install the mobile home before full payment was received and the resultant consequences.

1. Criminal Law 117 — testimony by minors — requested instruction on credibility In a robbery case in which two minor girls, nine and ten years of age, testified for the State, the trial court did not err in<page_number>Page 498</page_number> failing to give defendant's requested instruction that minor children "are legally competent so to testify, but you should in determining the credibility and weight to be given their testimony, consider their age and maturity." 2. Criminal Law 122 — additional instructions after deliberations begun The court's supplementary instructions to the jury after they had deliberated for approximately four hours without reaching a verdict were proper.

1. Criminal Law 66 — in-court identification of defendants — observation at crime scene as basis A witness's in-court identification of defendants as the men who robbed her at gunpoint was not tainted by any out of court confrontation where the evidence tended to show that the witness observed defendants about ten minutes before the robbery when they came into the store to make a purchase, the store was well lighted at the time of the robbery, and the defendants were unmasked. 2. Robbery 4 — armed robbery — sufficiency of evidence Evidence was sufficient to be submitted to the jury in a prosecution for armed robbery where such evidence tended to show that both defendants were at the crime scene, both took money from the cashier, and both handled a gun which was used in perpetration of the crime. 3. Criminal Law 50 — expert testimony — no finding of expertise — testimony proper The trial court did not err in allowing a State's witness to testify that silver nitrate turns black or gray upon coming in contact with moisture, though there was no express finding that the witness was an expert, since defendant made no request for such a finding.<page_number>Page 522</page_number> 4. Criminal Law 113 — aiding and abetting — jury instructions proper The trial court's instructions on aiding and abetting were proper, though the court did not specifically instruct that the principal in the second degree and the principal perpetrator of the crime must have a "shared felonious intent." 5. Criminal Law 118 — charge on contentions of parties — misstatement — consideration on appeal A misstatement of the contentions of the parties must be brought to the court's attention in apt time to afford opportunity for correction in order for an exception thereto to be considered on appeal, unless the misstatement was so gross that no objection at the trial was necessary.