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STATE v. JENNINGS

No. 34.

171 S.E.2d 447 (1970)

276 N.C. 157

STATE of North Carolina v. George Junior JENNINGS.

Supreme Court of North Carolina.

January 6, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Andrew A. Vanore, Jr., Raleigh, for the State.

Schoch, Schoch & Schoch, by Arch K. Schoch, Jr., High Point, for defendant.

BRANCH, Justice.

Defendant assigns as error the refusal of the trial court to grant his motion for nonsuit at the close of all the evidence.

The State elected to prosecute defendant for second degree murder. Murder in the second degree is the unlawful killing of a human being with malice, but without premeditation and deliberation. State v. Foust, 258 N.C. 453, 128 S.E.2d 889; State v. Street...

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