STATE v. LEARY

No. 6.

140 S.E.2d 756 (1965)

264 N.C. 51

STATE of North Carolina v. Arthur LEARY, Jimmy Williams, Warren Griffin, Ray Vines, Donnie Reid, Walter Jones, Jr., William Whitaford, Edward Speller, Gilbert Best, George Gibson, Oscar Burnett and Jerome Spruill.

Supreme Court of North Carolina.

March 17, 1965.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Ralph Moody, for the State.

Earl Whitted, Jr., Goldsboro, and Samuel S. Mitchell, Raleigh, for appellants.


RODMAN, Justice.

During the trial, appellants noted 49 exceptions to the court's rulings and charge. They have now abandoned all except the single question stated in their brief, viz.: "Did the court below err by failing to grant appellants' motion for judgment as of nonsuit?"

Whether defendants moved for nonsuit or for a directed verdict, as stated in the judgment, is not material. Appellants make no contention that the form in which their motion was made...

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