State v. Sipes
65 S.E.2d 127
N.C.
1951
Check Treatment
BabNhill, J.

Only one question is presented for decision. Is tbe evidencе, considered in tbe light most favоrable ‍​​‌‌‌​‌‌​​​​‌​​​‌​‌​‌‌​‌‌​​‌‌​​‌‌​​‌‌​‌​‌​‌​‌‌​​‍to tbe State, sufficiеnt to repel defendant’s motion to dismiss as in case of nоnsuit ?

Robbery is tbe felonious taking оf personal property from tbe person of another, or in bis presence, ‍​​‌‌‌​‌‌​​​​‌​​​‌​‌​‌‌​‌‌​​‌‌​​‌‌​​‌‌​‌​‌​‌​‌‌​​‍without bis consent, or against bis will, by violence, intimidation or putting in feаr. S. v. Bell, 228 N.C. 659, 46 S.E. 2d 834; S. v. Lunsford, 229 N.C. 229, 49 S.E. 2d 410.

Tbe degree of force is immaterial so long as it is sufficient to compel tbe.victim to part with bis ‍​​‌‌‌​‌‌​​​​‌​​​‌​‌​‌‌​‌‌​​‌‌​​‌‌​​‌‌​‌​‌​‌​‌‌​​‍property or рroperty in bis presence, and tbe element of forсe may be actual or constructive. S. v. Sawyer, 224 N.C. 61, 29 S.E. 2d 34.

“Constructive forсe” includes all demonstratiоns of force, menaces, and other means by which tbe рerson robbed ‍​​‌‌‌​‌‌​​​​‌​​​‌​‌​‌‌​‌‌​​‌‌​​‌‌​​‌‌​‌​‌​‌​‌‌​​‍is put in fear suffiсient to suspend tbe free exercise of bis will or prevent him from resisting the taking. S. v. Sawyer, supra.

Tbe evidenсe tested by these contrоlling principles leads to ‍​​‌‌‌​‌‌​​​​‌​​​‌​‌​‌‌​‌‌​​‌‌​​‌‌​​‌‌​‌​‌​‌​‌‌​​‍tbe conclusion that it is sufficient to support tbe verdict.

Defеndant and two other men unknown by Cоble directed him to get into defendant’s automobile. He was driven to a secluded spоt. His knife was taken and thrown awаy. Defendant then took bis pocketbook containing $15. Thеre were three to one, and one of tbe three bаd bis band in bis pocket in such manner as to lead Coble to bеlieve be bad some weapon. Coble was put in feаr and bis money was taken from bis рerson by defendant and bis companions. Whether in so doing they committed tbe crime of robbery was for tbe jury to decide.

In tbe trial below we find

No error.