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STATE v. ALLRED

No. 47.

183 S.E.2d 553 (1971)

279 N.C. 398

STATE of North Carolina v. James ALLRED.

Supreme Court of North Carolina.

October 13, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Attys. Gen. Wm. F. Briley and Thomas B. Wood, for the State.

Dock G. Smith, Jr., Robbins, and Pittman, Staton & Betts by William W. Staton, Sanford, for defendant appellant.

BOBBITT, Chief Justice.

Defendant assigns as error the denial of his motion under G.S. § 15-173 for judgment as of nonsuit. Decision requires consideration of the evidence in the light most favorable to the State. State v. Vincent, 278 N.C. 63, 64-65, 178 S.E.2d 608, 609 (1971), and cases cited.

The evidence is uncontradicted as to this crucial fact: The death of Tommy at Robbins Crossroads on October 19, 1969, was...

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