STATE v. DOWNEY

No. 364.

117 S.E.2d 39 (1960)

253 N.C. 348

STATE v. Percelle DOWNEY.

Supreme Court of North Carolina.

November 23, 1960.


Attorney(s) appearing for the Case

John Kerr, Jr., Warrenton, for defendant-appellant.

Atty. Gen. T. W. Bruton, Asst. Attys. Gen., H. Horton Rountree and Glenn L. Hooper, Jr., for the State.


WINBORNE, Chief Justice.

The first question presented by the defendant as the main question is whether or not the trial court erred in refusing to grant defendant's motion for judgment as of nonsuit. In this connection the defendant pleads self-defense, and contends that the evidence offered by the State exculpates him on this plea.

Taking the evidence and the facts stipulated in the light most favorable to the State, the conclusion does not follow as a matter...

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