WINBORNE, Chief Justice.
The sole assignment of error presented on this appeal is based upon exception to the denial by the trial court of motion of defendant for judgment as in case of nonsuit. G.S. § 15-173.
In this connection the statute, G.S. § 14-90, under which defendant is indicted and convicted, provides in pertinent part that "If * * * any agent * * * of any person shall embezzle or * * * knowingly and willfully * * * convert to his own...
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