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STATE v. GURLEY

No. 1.

116 S.E.2d 143 (1960)

253 N.C. 55

STATE v. Bobby Alexander GURLEY.

Supreme Court of North Carolina.

September 21, 1960.

Attorney(s) appearing for the Case

Paul J. Story, Marion, and Boyce Whitmire, Hendersonville, for defendant-appellant.

T. W. Bruton, Atty. Gen., and H. Horton Rountree, Asst. Atty. Gen., for the State.

PARKER, Justice.

Paul Lee Woody died as a result of injuries sustained when an automobile overturned on a public highway. The State's evidence is to the effect that defendant asked Samuel Martin if he wanted to race automobiles on a public highway, that Martin replied he did not, and thereafter while driving his automobile on a public highway at a speed of about 65 or 70 miles an hour, defendant driving his automobile passed him, and after passing cut back and forth...

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