STATE v. SIMPSON

No. 724

93 S.E.2d 425 (1956)

244 N.C. 325

STATE v. Emma SIMPSON.

Supreme Court of North Carolina.

June 26, 1956.


Attorney(s) appearing for the Case

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

Charles G. McLean, Lumberton, for defendant, appellant.


BOBBITT, Justice.

These facts are undisputed. The death weapon was McNair's .22-caliber pistol. It fired twice. Two bullets lodged in Danzy's body. McNair had the pistol when it fired the first time.

These questions arise: Did defendant have the pistol when it fired the second time? If so, under what circumstances did it fire? Which shot, the first or the second, caused Danzy's death?

Defendant demurred to the evidence and moved for judgment as of...

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