STATE v. HAM

No. 721.

76 S.E.2d 346 (1953)

238 N.C. 94

STATE v. HAM et al.

Supreme Court of North Carolina.

June 12, 1953.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Claude L. Love, Asst. Atty. Gen., and Robert L. Emanuel of Staff, Raleigh, for the State.

Bowie & Bowie, West Jefferson, and Higgins & McMichael, Winston-Salem, for defendant appellants.


BARNHILL, Justice.

The defendants assign as error the refusal of the court below to sustain their demurrer to the evidence under G.S. § 15-173. However, the assignment is abandoned as to all the defendants other than Leonard Teaster. They, no doubt, upon reflection, perceived that the evidence, considered in the light most favorable to the State, tends to show that they, acting in concert, made an assault with deadly weapons upon the deceased and her companions...

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