STATE v. ISOM

No. 509.

90 S.E.2d 237 (1955)

243 N.C. 164

STATE v. Richard Wade ISOM, Jr.

Supreme Court of North Carolina.

November 23, 1955.


Attorney(s) appearing for the Case

Seawell & Wilson, Carthage, for defendant-appellant.

Wm. Rodman, Jr., Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and F. Kent Burns, Raleigh, Member of Staff, for the State.


BOBBITT, Justice.

The evidence, considered in the light most favorable to the State, was sufficient to survive defendant's motion for nonsuit. Hence, assignment of error directed to the court's ruling in this respect cannot be sustained.

Assignment of error No. 7 must be sustained, and a new trial granted, notwithstanding it seems improbable that the record reflects correctly the instructions given by the presiding judge. But, as shown in the record, the instruction...

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