STATE v. GAINES

No. 147.

132 S.E.2d 485 (1963)

260 N.C. 228

STATE v. Wilbert GAINES and Edwin French Andrews.

Supreme Court of North Carolina.

September 25, 1963.


Attorney(s) appearing for the Case

Mullen, Holland & Cooke, Gastonia, Amon Butler, Charlotte, for appellants.

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., Raleigh, for appellee.


BOBBITT, Justice.

There was evidence tending to show the facts narrated below.

On December 31, 1962, about 2:00 p. m., Billy Hill, Gaines and Andrews entered Dellinger's Jewelry Store, located on East Main Street, Cherryville, N. C. Mrs. Dellinger was waiting on a customer and Mr. Davis, "the watchmaker," was waiting on another customer. Mrs. Dellinger was nearer the front of the "fairly long" store.

Mrs. Dellinger saw Billy Hill reach over "the first...

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