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STATE v. LINDSEY

No. 829.

142 S.E.2d 355 (1965)

264 N.C. 588

STATE v. Henry LINDSEY.

Supreme Court of North Carolina.

June 2, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Ray B. Brady and Staff Attorney L. P. Hornthal, Jr., for the State.

Barrington & Britt, Lumberton, for defendant appellant.

PER CURIAM.

Defendant's brief presents only two questions: (1) Did the court err in denying defendant's motion for judgment as of nonsuit? (2) Did the court err in his instructions relating to G.S. § 20-138?

There was evidence tending to show the following facts: On Sunday, February 23, 1964, about 12:00 o'clock, defendant was driving his "GMC log truck" in an easterly direction on the Elrod-Purvis Road. Lacy Oxendine was riding with defendant. The hard...

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