State v. Hinton

In State v. Hinton, 361 N.C. 207, 210, 639 S.E.2d 437, 439-40 (2007), our Supreme Court held that a defendant's hands are not a deadly weapon for purposes of the crime of robbery with a dangerous weapon as set forth in North Carolina General Statutes, section 14-87. Hinton, 361 N.C. at 208, 639 S.E.2d at 438. The Court explained it is true assault with a deadly weapon is a lesser included offense of robbery with a dangerous weapon. . . . However, the fact that assault with a deadly weapon is a lesser included offense of robbery with a dangerous weapon does not mean that the scope of the weapon elements must be identical for each offense. The fact that every dangerous weapon under North Carolina General Statutes, section 14-87 would also be a deadly weapon for purposes of assault with a deadly weapon does not necessitate that all deadly weapons for purposes of assault with a deadly weapon are dangerous weapons under North Carolina General Statutes, section 14-87. The doctrine of lesser included offenses moves downstream, not upstream . . . .Hinton, 361 N.C. at 210, 639 S.E.2d at 439-40.