STATE v. TRIPP

No. 7010SC581.

176 S.E.2d 892 (1970)

STATE of North Carolina v. Billy Ashley TRIPP.

Court of Appeals of North Carolina.

October 21, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Howard P. Satisky, for the State.

William T. McCuiston, and Michael A. Ashburn, Raleigh, for defendant appellant.


BRITT, Judge.

Defendant first assigns as error the failure of the court to sustain his motion for non-suit interposed at the close of all of the evidence. We hold that the evidence was sufficient to survive the motion for non-suit and the assignment of error is overruled.

Defendant assigns as error the following instruction of the trial judge to the jury: "The defendant in this case had no right and no duty to arrest anyone or to take anyone to the police...

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