HEDRICK, Judge.
The defendant's first assignment of error is to the overruling of his motion for judgment as of nonsuit.
The State's evidence is summarized as follows: On the afternoon of 7 December 1968 several men were gathered at Braddy's Amoco Station on Trade Street in the Town of Tarboro, North Carolina. They had made several trips to the local ABC store and they had been talking and drinking together all afternoon. Among those present were the deceased...
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