STATE v. MILLER

No. 443.

116 S.E.2d 790 (1960)

253 N.C. 336

STATE v. Joseph Samuel MILLER and Latta Smith.

Supreme Court of North Carolina.

November 9, 1960.


Attorney(s) appearing for the Case

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

Herman L. Taylor, Raleigh, for defendant appellant.


PER CURIAM.

The appellant's first assignment of error is to the refusal of the court below to grant his motion for judgment as of nonsuit made at the close of the State's evidence and renewed after the defendants rested without offering any evidence.

The State's evidence is sufficient, in our opinion, to take the case to the jury. Therefore, this assignment of error is overruled.

However, the State confesses error in that the defendants not having...

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