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STATE v. ROSE

No. 365.

111 S.E.2d 311 (1959)

251 N.C. 281

STATE v. Douglas ROSE, Charlie C. Harris, J. M. Morefield, Dorsey Eatman, Wayne Vick, Clint (Black Boy) Roberson and Luther Lassiter.

Supreme Court of North Carolina.

November 25, 1959.

Attorney(s) appearing for the Case

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

W. M. Nicholson, James B. Ledford, Charlotte, James J. Randleman, Elkin, and L. Glen Ledford, Charlotte, for defendants.

DENNY, Justice.

The first assignment of error is based on the refusal of the court below to remand to Vance County Recorder's Court for trial. This same question was presented in the case of State v. Clayton, N.C., 111 S.E.2d 299. On authority of the opinion in that case, this assignment of error is overruled.

The appellants filed in this Court, before the case was argued, a motion in arrest of judgment on the ground that...

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