STATE v. PHELPS

No. 2.

89 S.E.2d 132 (1955)

242 N.C. 540

STATE v. Willie PHELPS.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

Carter W. Jones, Ahoskie, and John B. McMullan, Elizabeth City, for defendant, appellant.

William B. Rodman, Jr., Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.


PARKER, Justice.

The defendant introduced no evidence. He has one assignment of error: the failure of the Trial Court to sustain his motion for judgment of nonsuit made at the close of the State's case.

James Edward Monds, a 16 year old boy, lived about a mile north of the village of Corapeake on North Carolina State Highway No. 32. After 6:00 p.m. on 8 December 1954, he left home to walk to Corapeake to obtain a ride with some of his classmates to Sunbury...

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