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STATE v. SIMPSON

No. 364.

64 S.E.2d 568 (1951)

233 N.C. 438

STATE v. SIMPSON.

Supreme Court of North Carolina.

April 11, 1951.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and Ralph Moody, Asst. Atty. Gen. and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State.

B. W. Blackwelder and R. Furman James, Concord, for defendant.

STACY, Chief Justice.

The defendant is well advised in abandoning his demurrer to the sufficiency of the evidence to carry the case to the jury. The prosecuting witness was direct and positive in his testimony. Its probative value was for the twelve. State v. Hovis, N.C., 64 S.E.2d 564.

A new trial must be granted, however, because of the impeachment and depreciation by the court of the defendant's evidence and that of his...

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