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STATE v. BARBER

No. 6926SC251.

167 S.E.2d 883 (1969)

5 N.C. App. 126

STATE of North Carolina v. Willie Lee BARBER and Daniel Terry.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis, and Trial Atty. J. Bruce Morton, Raleigh, for the State.

T. O. Stennett, Charlotte, for defendant Willie Lee Barber, appellant.

Robert F. Rush, Charlotte, for defendant

Daniel Terry, appellant.

MALLARD, Chief Judge.

The State's evidence tended to show that on 30 October 1968 Miss Laura Blanch Smith lived in room 909 at the James Lee Motor Inn in Charlotte. Miss Smith testified that she had retired and gone to sleep on the night of 29 October 1968 and was awakened by the defendant Barber knocking on her door a little after ten o'clock. She had never seen Barber before this occasion. Barber told her that a gentleman wanted to see her downstairs. She didn't...

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