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STATE v. LOWTHER

No. 4.

144 S.E.2d 64 (1965)

265 N.C. 315

STATE v. Clarence Willie LOWTHER.

Supreme Court of North Carolina.

September 22, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harry W. McGalliard and Asst. Atty. Gen. James F. Bullock, for the State.

George E. Tillett, Edenton, Samuel S. Mitchell and Romallus O. Murphy, Raleigh, for defendant appellant.

PARKER, Justice.

The State's evidence was amply sufficient to carry the case to the jury on both counts in the indictment. Defendant made no motion for judgment of nonsuit, makes no contention in his brief that the State's evidence was insufficient to carry the case to the jury on both counts in the indictment, and his only assignments of error are to the charge.

Defendant assigns as error this part of the charge:

"Now as I stated to you the State...

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