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STATE v. HOWARD

No. 4.

162 S.E.2d 495 (1968)

274 N.C. 186

STATE of North Carolina v. David Earl HOWARD and Joe Howard.

Supreme Court of North Carolina.

August 23, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Deputy Atty. Gen., for the State.

L. H. Ross, Washington, D.C., for David Earl Howard, defendant appellant.

Junius D. Grimes, Jr., Washington, D.C., for Joe Howard, defendant appellant.

SHARP, Justice.

Each defendant assigns as error the court's refusal to grant his motions of nonsuit. The theory of the State's case is that the defendants murdered Lewis in the perpetration of a robbery (G.S. § 14-17), and that each was present aiding and abetting the other in the commission of that felony. Each defendant contends that the other killed and robbed Lewis without his assistance or connivance; that he...

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