STATE v. WHITFIELD

No. 364.

124 S.E.2d 869 (1962)

256 N.C. 704

STATE v. G. B. WHITFIELD.

Supreme Court of North Carolina.

April 11, 1962.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. G. A. Jones, Jr., for the State.

John F. Matthews and Edward F. Yarborough, Louisburg, for defendant, appellant.


PER CURIAM.

At the conclusion of all the evidence, defendant stated to the court: "I don't see how I can be guilty when Mr. Pendergrass helped load the pony on the truck." Mindful that defendant was not represented by counsel, the Attorney General concedes, and we think properly so, that defendant's said statement should be treated as a demurrer to the evidence and motion for judgment as in case of nonsuit. Moreover, the Attorney General concedes, and we agree, that...

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