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STATE v. SMITH

No. 651.

73 S.E.2d 901 (1953)

236 N.C. 748

STATE v. SMITH et al.

Supreme Court of North Carolina.

January 6, 1953.

Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton, and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State.

H. L. Koontz, Greensboro, for the defendant, Marvin Frank Smith, appellant.

ERVIN, Justice.

The chief question presented by the assignments of error is whether the trial judge erred in overruling the motion of the appellant for a compulsory nonsuit.

There was no direct evidence at the trial tending to connect Smith with the crimes alleged. The State undertook to establish complicity on his part by these circumstances:

Wattlington, a participant in the crimes alleged, was accustomed to put paper bags containing lottery tickets...

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