MORRIS, Judge.
Defendant's only assignment of error is to the court's overruling his motion for judgment as of nonsuit at the close of the State's evidence and at the close of all the evidence.
The evidence presented taken in the light most favorable to the State tends to show: On 15 October 1968, at approximately 8:50 p.m., Harold Kenneth Wall was getting into his car which was parked in the Allright Parking Lot on Wilmington Street in Raleigh, North Carolina...
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