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STATE v. HOSKINS

No. 435.

122 S.E.2d 512 (1961)

255 N.C. 730

STATE v. John Martin HOSKINS.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

H. F. Seawell, Jr., Carthage, for defendant-appellant.

T. W. Bruton, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for the State.

PER CURIAM.

For conviction the State invokes and relies upon the principle of culpable negligence proximately resulting in the death of the decedent. However, the evidence, considered in the light most favorable to the State, fails to make out a case.

Culpable negligence has been the subject of uniform decisions of this Court. It suffices here to cite State v. Cope, 204 N.C. 28, 167 S.E. 456, where in opinion by Stacy, C. J. (1933), the decisions of this Court...

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