STATE v. KIRBY

No. 6826SC409.

163 S.E.2d 911 (1968)

3 N.C. App. 43

STATE of North Carolina v. Steve Wayne KIRBY.

Court of Appeals of North Carolina.

November 13, 1968.


Attorney(s) appearing for the Case

Atty. Gen. T. Wade Bruton, by Asst. Atty. Gen. Bernard A. Harrell, for the State.

Don Davis, Charlotte, for defendant appellant.


BRITT, Judge.

Defendant assigns as error the failure of the trial judge to grant his motion for nonsuit made at the close of the State's evidence and renewed at the close of all the evidence.

Before resting its case, the State introduced two witnesses. Phil George Lucas gave testimony to the effect that he was the owner of the premises, that they were burglarized on the night of 23 February 1968 or early morning...

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