STATE v. COOPER

No. 26.

167 S.E.2d 266 (1969)

275 N.C. 283

STATE of North Carolina, Respondent, v. James Ellis COOPER, Petitioner.

Supreme Court of North Carolina.

May 14, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Dale Shepherd, Raleigh, for the State.

Verne E. Shive, Gastonia, for defendant appellant.


BOBBITT, Justice.

The only evidence was that offered by the State. At the conclusion thereof, defendant moved to dismiss. The court overruled the motion. On appeal, defendant assigned as error the court's ruling and urged reversal thereof. In this connection, see G.S. § 15-173 and G.S. § 15-173.1.

As used in G.S. § 15-173, there is no difference in legal significance between a motion "to dismiss the action" and a motion "for judgment as in case...

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