STATE v. GREEN

No. 150.

110 S.E.2d 609 (1959)

251 N.C. 40

STATE v. Hardy Hershel GREEN.

Supreme Court of North Carolina.

October 14, 1959.


Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., and H. Horton Rountree, Asst. Atty. Gen., for the State.

Dolley & DuBose, Gastonia, for defendant, appellant.


MOORE, Justice.

At the close of the evidence defendant moved for judgment of nonsuit. G.S. § 15-173. The motion was denied and defendant excepted. Defendant contends that this was error and urges reversal of the ruling on two grounds.

Defendant asserts that he was dazed and in a state of shock by reason of the wreck and the State's evidence that he was intoxicated should be considered nothing more than suspicion or conjecture.

A lay witness testified...

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