Volume 61 — North Carolina Court of Appeals Reports

1. Robbery 2 — indictment — property taken from named person — sufficiency of allegation An indictment alleging that, by the use of a pistol whereby the life of a named person was endangered and threatened, the defendant took money from The Pantry, Inc. sufficiently alleged that the money was taken from the named person. 2. Criminal Law 163.3 — failure to charge — absence of objection at trial Defendant could not properly assign as error the failure of the trial court to recapitulate certain evidence in the charge where defendant made no objection to the charge before the jury retired. App. R. 10 (b)(2). 3. Criminal Law 138 — armed robbery — aggravating factors — inducement of others and position of dominance — insufficiency of evidence In imposing a sentence for armed robbery, the trial court erred in finding as an aggravating factor that defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants where the evidence showed only that defendant's wife looked with him for a place to rob, placed gauze on defendant's face prior to the robbery, and waited for him in an automobile while he committed the robbery.<page_number>Page 501</page_number> 4. Criminal Law 138 — armed robbery — pecuniary gain — use of deadly weapon — improper aggravating factors In imposing a sentence for armed robbery, the trial court erred in finding as aggravating factors that the crime was committed for pecuniary gain and that defendant used a deadly weapon in the crime since those factors are necessary elements of the crime of armed robbery. G.S. 15A-1340.4 (a)(1). 5. Criminal Law 138 — aggravating factor — untruthful testimony by defendant A trial court cannot find as an aggravating factor that the defendant did not testify truthfully when the only evidence of his untruthfulness is his contradicted testimony at a voir dire hearing or during the trial. Therefore, the trial court in an armed robbery case erred in finding as an aggravating factor that defendant deliberately lied to the court concerning the circumstances of the taking of a statement concerning his participation in the offense.