STATE v. HADDOCK

No. 76.

118 S.E.2d 411 (1961)

254 N.C. 162

STATE v. Amos HADDOCK.

Supreme Court of North Carolina.

March 1, 1961.


Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for defendant, appellant.

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


PARKER, Justice.

The trial judge's election not to submit to the jury in his charge the second count in the indictment will be treated as the equivalent of a verdict of not guilty on that count. State v. Mundy, 243 N.C. 149, 90 S.E.2d 312; State v. Love, 236 N.C. 344, 72 S.E.2d 737.

The State's evidence consists of the testimony...

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