STATE v. ROGERS

No. 363.

64 S.E.2d 572 (1951)

233 N.C. 390

STATE v. ROGERS.

Supreme Court of North Carolina.

April 11, 1951.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and T. W. Bruton, Asst. Atty. Gen., for the State.

James F. Chestnutt and Robert C. Wells, Clinton, for the prisoner, appellant.


ERVIN, Justice.

The prisoner insists primarily that he is entitled to a reversal for insufficiency of testimony. This claim is insupportable. The evidence for the State warrants the inference that the prisoner killed the deceased in an attempt to commit a rape and a robbery upon her. Hence, it sustains the verdict and the resultant judgment, for the relevant statute expressly provides that "A murder * * * which shall be committed in the perpetration or attempt to...

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