STATE v. MYERS

No. 723.

82 S.E.2d 213 (1954)

240 N.C. 462

STATE v. MYERS.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Gerald F. White, Raleigh, of Staff for the State.

P. W. Glidewell, Reidsville, for defendant appellant.


BARNHILL, Chief Justice.

When we consider the evidence in the light most favorable to the State, as we are required to do in determining the merits of an exception to the refusal of the court to sustain a demurrer to the evidence under G.S. § 15-173, a mere statement of the essential facts relied on by the State renders the conclusion that defendant received the property listed in the bill of indictment "knowing the same to have been feloniously stolen or taken...

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