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STATE v. WALTERS

No. 32.

170 S.E.2d 484 (1969)

275 N.C. 615

STATE of North Carolina v. Mitchell Grant WALTERS.

Supreme Court of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., Andrew A. Vanore, Jr., Raleigh, Staff Atty., Burley B. Mitchell, Jr., Staff Atty., for the State.

Joe Hill Barrington, Jr., Lumberton, Nance, Collier, Singleton, Kirkman & Herndon, by James R. Nance, Fayetteville, for defendant.

HIGGINS, Justice.

The tragedy described by the evidence may have had its inception in the misconduct of the deceased in making improper advances to the defendant's wife by following her automobile, blowing his horn, and making signs which she construed as an invitation for her "to follow him off some place". On the other hand, Mrs. Walters may have misconstrued the conduct of the deceased. As she passed his filling station on her way home from the drugstore, the deceased...

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