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STATE v. WESTON

No. 1.

159 S.E.2d 883 (1968)

273 N.C. 275

STATE of North Carolina v. Ebenezer Cola WESTON (Nos. 33 and 34).

Supreme Court of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Staff Attorney Andrew A. Vanore, for the State.

Aydlett & White and Frank B. Aycock, Jr., Elizabeth City, for defendant.

BRANCH, Justice.

Defendant assigns as error the trial court's denial of his motions for judgment as of nonsuit.

The often-quoted landmark case of State v. Cope, 204 N.C. 28, 167 S.E. 456, defines culpable negligence and distinguishes culpable negligence and the resulting criminal responsibility from ordinary actionable negligence which imports only civil liability. We quote portions of this opinion:

"5. Culpable negligence is such recklessness or...

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