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156 IN THE COURT OF APPEALS [I9
State v. Howes
rang and Mrs. Penley went into the office. Two persons were
standing outside the front door, but only the defendant came in
when Mrs. Penley unlocked the door. Defendant said he wanted
a single room and he signed a registration card. As Mrs. Penley
turned to get a room key, defendant pointed a pistol at her head
and said "don't move," "if you move, 1'11 kill you." He asked
where the money was and, as he reached over the counter to
put his hand in the money drawer, Mrs. Penley grabbed the hand
in which defendant held the gun. They struggled over the gun
until both of them fell to the floor. Defendant got up and left.
He did not get any of the money. Defendant was dressed in
dark shoes, dark trousers, and a white T shirt. He left in a light-colored
old automobile. He was arrested at about 4:00 a.m. of
the same morning by the Asheville police. Defendant was identi-fied
at trial by Mrs. Penley.
Defendant's evidence tended to show the following: Defend-ant
stayed at Red's Tavern on Lexington Avenue, Asheville,
from about 8:00 or 9:00 p.m. until closing time around 2:OO
a.m. on 19 September 1972. When he left Red's Tavern he left
alone and drove a light-blue 1960 or 1964 Chevrolet automobile
which belonged to a friend. He drove straight to the Dinner Bell
Restaurant on Enka Highway where he was immediately joined
by the friends he had been with at Red's Tavern. The group
ate breakfast and sat around for about two hours. When defend-ant
left the Dinner Bell Restaurant he left his friend's car in
the parking lot, took the keys, and rode with a Mr. & Mrs. Rell.
They drove to several motels to find a room for defendant, but
no one would answer the doorbells. At the time they were stop-ped
by the police they were on their way to another motel. De-fendant
did not at any time go to the Rock Haven Terrace, and
did not attempt to rob anyone. Defendant was arrested about
4:00 a.m. at which time he was wearing a white T shirt and
blue slacks.
A pistol fitting the general description given by Mrs. Pen-ley
was found in the automobile in which defendant was riding
at the time of his arrest.
From a verdict of guilty and an active prison sentence, de-f
endant appealed.
Attorney Gen.eral Morgan, by Assistant Attorney General
Hensey, for the State.
Floyd D. Brock for the defendant.
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 180 |
| Full Text | 156 IN THE COURT OF APPEALS [I9 State v. Howes rang and Mrs. Penley went into the office. Two persons were standing outside the front door, but only the defendant came in when Mrs. Penley unlocked the door. Defendant said he wanted a single room and he signed a registration card. As Mrs. Penley turned to get a room key, defendant pointed a pistol at her head and said "don't move" "if you move, 1'11 kill you." He asked where the money was and, as he reached over the counter to put his hand in the money drawer, Mrs. Penley grabbed the hand in which defendant held the gun. They struggled over the gun until both of them fell to the floor. Defendant got up and left. He did not get any of the money. Defendant was dressed in dark shoes, dark trousers, and a white T shirt. He left in a light-colored old automobile. He was arrested at about 4:00 a.m. of the same morning by the Asheville police. Defendant was identi-fied at trial by Mrs. Penley. Defendant's evidence tended to show the following: Defend-ant stayed at Red's Tavern on Lexington Avenue, Asheville, from about 8:00 or 9:00 p.m. until closing time around 2:OO a.m. on 19 September 1972. When he left Red's Tavern he left alone and drove a light-blue 1960 or 1964 Chevrolet automobile which belonged to a friend. He drove straight to the Dinner Bell Restaurant on Enka Highway where he was immediately joined by the friends he had been with at Red's Tavern. The group ate breakfast and sat around for about two hours. When defend-ant left the Dinner Bell Restaurant he left his friend's car in the parking lot, took the keys, and rode with a Mr. & Mrs. Rell. They drove to several motels to find a room for defendant, but no one would answer the doorbells. At the time they were stop-ped by the police they were on their way to another motel. De-fendant did not at any time go to the Rock Haven Terrace, and did not attempt to rob anyone. Defendant was arrested about 4:00 a.m. at which time he was wearing a white T shirt and blue slacks. A pistol fitting the general description given by Mrs. Pen-ley was found in the automobile in which defendant was riding at the time of his arrest. From a verdict of guilty and an active prison sentence, de-f endant appealed. Attorney Gen.eral Morgan, by Assistant Attorney General Hensey, for the State. Floyd D. Brock for the defendant. |
