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STATE v. HORTON

No. 22.

170 S.E.2d 466 (1969)

275 N.C. 651

STATE of North Carolina v. Margaret Ruth HORTON.

Supreme Court of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. James Bullock, and Deputy Atty. Gen. Harry W. McGalliard, for the State.

F. Lee Bailey, Boston, Mass., and Gardner & Wilson (by Rossie G. Gardner and Jerry C. Wilson), High Point, for defendant.

BRANCH, Justice.

Defendant assigns as error the denial of her motions for judgment as of nonsuit and contends that she was denied due process and equal protection of the laws when the Court of Appeals failed to apply the rule that the State is bound by its uncontradicted evidence.

In State v. Gallimore, 272 N.C. 528, 158 S.E.2d 505, this Court defined a conspiracy as follows:

"`A...

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