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STATE v. MULLINAX

No. 289.

139 S.E.2d 639 (1965)

263 N.C. 512

STATE v. Jack P. MULLINAX.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harry W. McGalliard and Staff Attorney Theodore C. Brown, Jr., Raleigh, for the State.

Marshall E. Cline, Lenoir, for defendant.

MOORE, Justice.

The sole question is whether the court erred in overruling defendant's motion for nonsuit.

Defendant did not offer any evidence. The State's evidence tends to show the following facts:

About 1:00 A.M., 17 November 1963, defendant and J. L. Johnson, Jr., were riding in an automobile driven by Elmo West. Near the clubhouse of Lenoir Country Club, Inc., West, at the request of defendant and Johnson, let them out. When they got out of the...

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