STATE v. TOLBERT

No. 657.

82 S.E.2d 201 (1954)

240 N.C. 445

STATE v. TOLBERT.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

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

T. Glenn Henderson, Percy Wall, Robert S. Cahoon, Greensboro, for defendant appellant.


BARNHILL, Chief Justice.

It is axiomatic with us that when a complete defense is made out by the State's evidence, a defendant should be allowed to avail himself of such defense on a demurrer to the evidence under G.S. § 15-173. This is true even when the exculpating evidence is in the form of statements of defendant offered in evidence by the State. State v. Watts, 224 N.C. 771, 32 S.E.2d 348; State v. Todd, 222 N.C. 346, 23 S.E.2d 47; State v. Robinson, 229...

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