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STATE v. GURLEY

No. 294.

125 S.E.2d 445 (1962)

257 N.C. 270

STATE v. Joseph Harold GURLEY.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

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

Braswell & Strickland, Goldsboro, for defendant.

PER CURIAM.

Defendant assigns as error the denial of his motion for nonsuit.

Levi Moore was fatally injured when the automobile in which he was riding collided with an automobile driven by defendant. The collision occurred at 10:20 p. m. on 31 January 1961 on U. S. Highway 70 west of Goldsboro. The Mercury automobile in which deceased was riding was being operated westwardly by Johnnie Exum. It was meeting two cars going

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