No. 6919SC230.

167 S.E.2d 830 (1969)

5 N.C. App. 146

STATE of North Carolina v. William DOSS and Baxter Hunsucker.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Bernard A. Harrell for the State.

James C. Davis and Clarence E. Horton, Jr., Concord, for defendant appellant Doss.

M. B. Sherrin, Jr., Concord, for defendant appellant Hunsucker.

MORRIS, Judge.

Appeal of Doss

Defendant Doss assigned as error on appeal the failure of the court to grant his motion for nonsuit and certain portions of the charge of the court. He has elected to abandon his assignments of error as they relate to the charge, but earnestly contends that it was error for his case to be submitted to the jury.

The evidence, taken in the light most favorable to the State, tends to show:

Richard D. Barnhardt...

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