27 N.C. App. 11 | N.C. Ct. App. | 1975
“[A]nd I instruct you, ladies and gentlemen, that you will in nowise hold it to the prejudice of the defendant that he has not testified in this case and that he has not offered witnesses in his defense for in so doing he is simply exer-*13 eising a right which the law gives him, and this is in nowise to be taken or held to his prejudice in this trial.”
Defendant’s assignment of error to this portion of the charge is overruled.
During the course of the trial the co-conspirator, Williams, testified that he and the defendant had agreed to commit other robberies, none of which were carried out. Defendant now contends that the court, in charging the jury as to the elements of a criminal conspiracy, so instructed the jury that they might have found defendant guilty if they found he had entered into an agreement with Williams to commit any robbery and that the court failed to instruct the jury that they .could find defendant guilty only if they found that he conspired with Williams to commit the particular robbery charged in the bill of indictment. In no reasonable view of the court’s charge can defendant’s contention be supported. On the contrary, in the mandate portion of the charge the court clearly and expressly limited the jury to a finding of guilt only if they should find defendant guilty of conspiring with Williams to commit the particular armed robbery which was specifically described in the bill of indictment.
We have carefully examined all of defendant’s remaining assignments of error and find no prejudicial error.
No error.