N.C.P.I.—Crim. 217.30

For you to find the defendant guilty of this offense, the State must

prove seven things beyond a reasonable doubt:

First, that the defendant took property from the person of (name

alleged victim(s))2 or in the presence of (name alleged victim(s)).3

Second, that the defendant carried away the property.4

Third, that (name alleged victim(s)) did not voluntarily consent to

the taking and carrying away of the property.

Fourth, that the defendant knew he was not entitled to take the

property.

Fifth, that at the time of the taking the defendant intended to

deprive (name alleged victim(s)) of its use permanently.5

Sixth, that the defendant had a dangerous weapon6 in his possession

at the time he obtained the property (or that it reasonably appeared to the

victim(s) that a dangerous weapon was being used, in which case you

may infer that the said instrument was what the defendant's conduct

represented it to be).7

A dangerous weapon is a weapon which is likely to cause death or

serious bodily injury.8

And Seventh, that the defendant obtained the property by

endangering or threatening the life of (name alleged victim(s)) [another

person] with the dangerous weapon.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant had in his possession a dangerous

weapon and took and carried away property from the person or in the

presence of (name alleged victim(s)) without (name alleged victim’s)

voluntary consent by endangering or threatening (name alleged victim’s)

[another person's] life with the use or threatened use of a dangerous

weapon, the defendant knowing that he was not entitled to take the

property and intending to deprive (name alleged victim(s)) of its use

permanently, it would be your duty to return a verdict of guilty of robbery

with a dangerous weapon. If you do not find the defendant guilty of

robbery with a dangerous weapon you must determine whether the

defendant is guilty of common law robbery.

Common law robbery is the taking and carrying away of the

personal property of another from his/her person or in his presence

without his/her consent by violence or by putting him/her in fear, and with

the intent to deprive him/her of its use permanently, the taker knowing

that he/she was not entitled to take it.

For you to find the defendant guilty of common law robbery, the

State must prove six things beyond a reasonable doubt:

First, that the defendant took property from the person of (name

alleged victim(s)) or in the presence of (name alleged victim(s)).

Second, that the defendant carried away the property.

Third, that (name alleged victim(s)) did not voluntarily consent to

the taking and carrying away of the property.

Fourth, that at the time, the defendant intended to deprive (name

alleged victim(s)) of its use permanently.

Fifth, that the defendant knew the defendant was not entitled to

take the property.

And Sixth, that the taking was by violence or by putting (name

alleged victim(s)) in fear.

If you find from the evidence beyond a reasonable doubt that on

or about the alleged date, the defendant took and carried away property

from the person or the presence of (name alleged victim(s)) without

(name alleged victim’s) voluntary consent, by violence or by putting

(name alleged victim(s)) in fear, the defendant knowing that the

defendant was not entitled to take it and intending at that time to

deprive (name alleged victim(s)) of its use permanently, it would be your

duty to return a verdict of guilty of common law robbery. If you do not so

find or have a reasonable doubt as to one or more of these things, it

would be your duty to return a verdict of not guilty.9