PARKER, Justice.
At the close of all the evidence, defendant made a motion for judgment of nonsuit. G.S. § 15-173.
The State's evidence is in substance as follows: About 2:00 a. m. on Sunday, 2 February 1958, Talmage Whitaker, a 26-year-old man, and the defendant were in a small storage room adjoining a large room in which defendant operated a beer parlor and grocery store. While there, a bullet fired from a 32-caliber Smith & Wesson pistol with a...
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