STATE v. WHITTEMORE

No. 76.

122 S.E.2d 396 (1961)

255 N.C. 583

STATE. v. Ray WHITTEMORE. STATE v. Elmer WHITTEMORE.

Supreme Court of North Carolina.

November 8, 1961.


Attorney(s) appearing for the Case

Don C. Young and Lamar Gudger, Asheville, for defendants-appellants.

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.


RODMAN, Justice.

Each defendant's motion for nonsuit was overruled. Hence the first question for determination is: Was there any evidence to establish each essential ingredient of each crime?

Ervin, J., in his usual clear-cut and concise manner, stated what it was necessary to prove in order to convict a defendant for violating G.S. § 14-26. He said: "Three essential ingredients must coexist to render a male person guilty of the statutory felony of obtaining...

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