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STATE v. HENDERSON

No. 21.

173 S.E.2d 291 (1970)

276 N.C. 430

STATE of North Carolina v. Curtis HENDERSON and Moses Price, Jr.

Supreme Court of North Carolina.

April 15, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Ralph Moody and Staff Atty. Burley B. Mitchell, for the State.

Beech & Pollock, by D. D. Pollock, Kinston, for defendant appellant Henderson.

Brock & Gerrans, by C. E. Gerrans, Kinston, for defendant appellant Price.

BOBBITT, Chief Justice.

Although they present their fourteen assignments of error in a joint statement, each defendant filed a separate brief.

Assignments of Error Nos. 2 and 4 are based on defendants' exceptions to the denial of their motions under G.S. § 15-173 for judgments as in case of nonsuit.

In the consideration of these assignments, we apply the well-established and oft-stated rules summarized in 2 Strong's North Carolina Index 2d, Criminal...

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