STATE v. BIRCHFIELD

No. 3.

70 S.E.2d 5 (1952)

235 N.C. 410

STATE v. BIRCHFIELD et al.

Supreme Court of North Carolina.

April 16, 1952.


Attorney(s) appearing for the Case

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

R. B. Morphew and T. M. Jenkins, Robbinsville, for the defendants, appellants.


ERVIN, Justice.

The defendants insist initially upon reversals on the ground that the action ought to have been involuntarily nonsuited as to all of them under the statute embodied in G.S. § 15-173. Inasmuch as they have been convicted of the principal charge rather than of a lesser offense included in it, our present inquiry comes to this: Does the State's evidence suffice to show that the defendants or any of them committed a felonious assault and battery with...

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