STATE v. BARTON

No. 721.

103 S.E.2d 694 (1958)

248 N.C. 559

STATE v. Roosevelt BARTON.

Supreme Court of North Carolina.

June 4, 1958.


Attorney(s) appearing for the Case

Hackett & Weinstein, Lumberton, for defendant-appellant.

Atty. Gen., Malcolm B. Seawell and Asst. Atty. Gen., T. W. Bruton for the State.


PER CURIAM.

Defendant's only assignment of error is that the court erred in overruling his motion for judgment of non-suit.

The only evidence was that offered by the State, which included plenary evidence that defendant intentionally shot the deceased with a deadly weapon, to wit, a 32 pistol, and thereby proximately caused his death; and, if the jury found the facts to be as this evidence tended to show, presumptions that the killing (1) was unlawful...

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