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STATE v. MUNDY

No. 362.

90 S.E.2d 312 (1955)

243 N.C. 149

STATE v. T. L. MUNDY.

Supreme Court of North Carolina.

November 23, 1955.

Attorney(s) appearing for the Case

Wm. B. Rodman, Jr., Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.

W. H. McElwee, Jr., Kyle Hayes, North Wilkesboro, and Robert Burns, Roxboro, for defendant, appellant.

JOHNSON, Justice.

The trial court's election not to submit to the jury the charge of speeding will be treated as the equivalent of a verdict of not guilty on that count. See State v. Sorrell, 98 N.C. 738, 4 S.E. 630; State v. Murphy, 235 N.C. 503, 70 S.E.2d 498.

The defendant insists that since the State's case on the charge of manslaughter rested entirely upon evidence of speeding and reckless...

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