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STATE v. GASTON

No. 697SC127.

167 S.E.2d 510 (1969)

4 N.C. App. 575

STATE of North Carolina v. Willie GASTON.

Court of Appeals of North Carolina.

Certiorari Denied July 10, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the state.

R. Conrad Boddie and Fields, Cooper & Henderson, by Leon Henderson, Jr., Rocky Mount, for defendant appellant.

BRITT, Judge.

Defendant first assigns as error the failure of the trial court to grant his motion for nonsuit.

When the cases were called for trial, the solicitor announced that the State would seek no greater verdict than felonious breaking and entering on the burglary indictment and would seek a verdict of assault with intent to commit rape on the other indictment. Defendant contends that all the evidence adverse...

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