STATE v. MERCER

No. 251.

165 S.E.2d 328 (1969)

275 N.C. 108

STATE v. Ervin MERCER.

Supreme Court of North Carolina.

January 31, 1969.


Attorney(s) appearing for the Case

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

Farris & Thomas, Wilson, for defendant appellant.


BOBBITT, Judge.

The evidence, when considered in the light most favorable to the State, was sufficient to require submission to the jury and to support verdicts of guilty of murder in the first degree. There is no substance to the contention that the motion to dismiss as in case of nonsuit should have been allowed. However, assignments of error, based on exceptions to the charge, are well taken.

The court's instructions include the following: "(W)hen an intentional...

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