State v. Walden And Darby

75 N.C.App. 79, 330 S.E.2d 271 (1985)

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Issues

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Nature Of The Case

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Facts

Alonzo Smith and Lawrence Reed robbed a grocery store by using a toy pistol. Smith, Reed, and Walden (D) were arrested immediately after the robbery in Walden's (D) automobile, of which she was the driver. The toy pistol, cash, checks, food stamps, and food coupons were retrieved from the automobile. Smith testified that defendant Walden (D) came late to a meeting during which plans to rob the grocery store were discussed, that she drove the car to the scene of the crime, and that she discussed with him the layout of the store and the identification of the store manager during the drive to the store on the night of the robbery. Reed testified that Walden (D) was absent from the meeting, but that she drove the car and discussed the use of a gun with him during the drive to the grocery store. Smith Reed also implicated Darby (D); Darby (D) approached Reed with a proposal to rob the grocery store; that she was present at meetings during which the robbery was discussed; that she drove Smith and Reed to the store a week before the robbery intending to rob the store that day, but they decided not to go through with their plans; and that she was supposed to drive the car on the date of the actual robbery. Ds denied any knowledge of or participation in the robbery of the grocery store. Walden (D) was convicted of common law robbery and found not guilty of conspiracy to commit robbery with a dangerous weapon. Darby (D) was convicted of common law robbery and of conspiracy to commit robbery with a dangerous weapon. This appeal resulted.

Rule Of Law

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Holding & Decision

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Legal Analysis

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