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STATE v. WERST

No. 722.

59 S.E.2d 835 (1950)

232 N.C. 330

STATE v. WERST.

Supreme Court of North Carolina.

June 9, 1950.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and John R. Jordan, Jr., Raleigh, for the State.

Whitman & Motsinger, Winston-Salem, for defendant.

ERVIN, Justice.

The testimony of the prosecution was sufficient to take the case to the jury and to support the verdict for the State. State v. Cancelmo, 86 Or. 379, 168 P. 721. Consequently the court rightly refused to dismiss the action upon a compulsory nonsuit under G.S. § 15-173. Whatever error the court below may have committed in temporarily excluding the evidence of the defendant's witness, Velma Smoot, as to the circumstances confronting the accused...

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