STATE v. CHANEY

No. 578.

123 S.E.2d 498 (1962)

256 N.C. 255

STATE of North Carolina v. Ora CHANEY.

Supreme Court of North Carolina.

January 12, 1962.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. Mc-Galliard, Asst. Atty. Gen., for the State.

Haworth, Riggs, Kuhn & Haworth, High Point, for defendant.


DENNY, Justice.

The defendant assigns as error the failure of the trial court to sustain her motion for judgment as of nonsuit made at the close of the State's evidence and renewed at the close of all the evidence.

This assignment of error is based on the contention that the testimony of this defendant given at the trial of her son was not material to the issue then and there being tried.

G.S. § 14-209 reads as follows: "If any person shall willfully...

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