No. 415.

144 S.E.2d 826 (1965)

265 N.C. 626

STATE v. Howard CARTER, Jr.

Supreme Court of North Carolina.

November 24, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harry W. McGalliard, and Staff Atty. George A. Goodwyn, Raleigh, for the State.

Linwood T. Peoples, Henderson, for defendant appellant.

PARKER, Justice.

Defendant assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of the State's evidence, and the denial of a similar motion made at the close of all the evidence.

Shirley Elizabeth Silver's first testimony was, "I am nine years old." Whereupon, counsel for defendant objected to her testifying further on the ground that she was incompetent as a witness due to her age. The judge had the jury to retire...


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