State v. Montgomery

In State v. Montgomery, 331 N.C. 559, 569, 417 S.E.2d 742, 747 (1992), the indictment on the charge of robbery with a dangerous weapon stated the defendant carried away personal property "from the person and presence" of the victim. Id. The trial court's instructions to the jury required the State to prove that the defendant "took the property from the person of the victim or took property of another in the presence of the victim." Id. The Supreme Court of North Carolina held that "the use of a conjunctive in the indictment does not require the State to prove various alternative matters alleged." Id.