STATE v. WYNNE

No. 2.

99 S.E.2d 923 (1957)

246 N.C. 686

STATE v. Desmo WYNNE, Bryant Moran, E. C. Brown, and Mary Hanson.

Supreme Court of North Carolina.

October 9, 1957.


Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

Robert D. Glass, New Bern, for defendants, appellants.


HIGGINS, Justice.

The evidence was sufficient to permit the finding that a riot took place, and that the defendants were involved. State v. Hoffman, 199 N.C. 328, 154 S.E. 314; State v. Davenport, 156 N.C. 596, 72 S.E. 7; State v. Hughes, 72 N.C. 25; State v. Stalcup, 23 N.C. 30; 77 C.J.S. Riot § 5, p. 426; 46 Am.Jur. 130, sec. 10.

The appellant Desmo Wynne's exception No. 5 challenges the following part of the court's charge: "If you find from the evidence...

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