STATE v. DRAKE

No. 708SC287.

174 S.E.2d 132 (1970)

8 N.C. App. 214

STATE of North Carolina v. William C. DRAKE.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1970.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Harrison Lewis, Deputy Atty. Gen., Robert G. Webb, Trial Attorney, and Howard P. Satisky, Staff Attorney, Raleigh, for the State.

Scott, Folger & Webster, A. D. Folger, Jr., Madison, and Brock & Gerrans, by C. E. Gerrans, Kinston, for defendant appellant.


GRAHAM, Judge.

In our opinion the evidence, though circumstantial in nature, was sufficient to send the case to the jury on the issue of defendant's guilt of murder in the first degree, and to support a verdict of guilty of murder in the second degree. The evidence shows that deceased suffered a brutal beating and was shot three times. A legitimate inference arises that the shots came from defendant's pistol and that at least part of the beating was administered with...

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