STATE v. WAGSTAFF

No. 721.

68 S.E.2d 858 (1952)

235 N.C. 69

STATE v. WAGSTAFF.

Supreme Court of North Carolina.

February 1, 1952.


Attorney(s) appearing for the Case

D. Emerson Scarborough, Yanceyville, for defendant-appellant.

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Ralph Moody for the State.


DEVIN, Chief Justice.

The defendant, a Negro 19 years of age, was without counsel at the trial below. He was a resident of an adjoining county and at the time of the offense charged was a soldier in the United States Army. There was no motion for judgment of nonsuit and the evidence was sufficient to carry the case to the jury.

The defendant, however, challenges the validity of the result below chiefly on the ground that an incident which occurred during the...

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