STATE v. WADDELL

No. 7120SC356.

181 S.E.2d 737 (1971)

11 N.C. App. 577

STATE of North Carolina v. Herman WADDELL, Jr., and Claude Maynard Knotts, Jr.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Attorney Ronald M. Price, Raleigh, for the State.

Taylor & McLendon, by Henry T. Drake, Wadesboro, for defendant-appellants.


MALLARD, Chief Judge.

Defendants contend that the trial judge committed prejudicial error in failing to grant their motion to dismiss at the close of the State's evidence. The defendants offered no evidence.

The evidence, when taken in the light most favorable to the State, tended to show that on 20 July 1970 the service station-grocery store owned by Bill Evans on Highway 74 in Lilesville was broken into and a tool box and tools owned and used by Bill Evans...

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