PARKER, Chief Justice.
The State and defendant presented evidence. Defendant assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of all the evidence.
The evidence of the State tends to show these facts: Floyd Hinson operates a Phillips "66" service station in the Frog Pond community, Stanly County, adjacent to Highway #27, about eight and one-half miles from the town of Albemarle. About 7:30 p. m. on 31 December 1965...
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