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STATE v. LOCKLEAR

No. 726.

117 S.E.2d 763 (1961)

253 N.C. 813

STATE v. Mack LOCKLEAR.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

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

Britt, Campbell & Britt, Lumberton, for defendant, appellant.

PER CURIAM.

The only assignments of error, directed to the denial of defendant's motions under G.S. § 15-173 for judgment as in case of nonsuit, are without merit. Plenary evidence of defendant's guilt supports the verdict. Indeed, defendant did not, either by brief or in oral argument, contend otherwise. Rather, he asserts his intention to move for a new trial on the basis of evidence discovered subsequent to the...

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