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STATE v. TILLEY

No. 435.

58 S.E.2d 720 (1950)

231 N.C. 734

STATE v. TILLEY.

Supreme Court of North Carolina.

April 19, 1950.

Attorney(s) appearing for the Case

Attorney-General Harry McMullan and Assistant Attorney-General Hughes J. Rhodes for the State, appellee.

W. Brantley Womble, Raleigh, for defendant, appellant.

PER CURIAM.

The testimony of the prosecution was sufficient to take the case to the jury and to support a verdict for the State. State v. Gibbs, 227 N.C. 677, 44 S.E.2d 201. Consequently the court rightly refused to dismiss the action upon a compulsory nonsuit under G.S. § 15-173. When it is read as a whole, the charge is free from legal error. Wyatt v. Queen City Coach Co., 229 N.C. 340, 49 S.E.2d 650.

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