ERVIN, Justice.
The defendant makes these assertions by his assignments of error:
1. That the court erred in refusing to dismiss the prosecution upon a compulsory nonsuit. G.S. § 15-173.
2. That the court erred in instructing the jury that a reasonable doubt may arise "out of the evidence or the insufficiency of the evidence in the case."
A father violates G.S. § 14-178 and by reason thereof is guilty of the statutory felony of incest...
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