STATE v. SMITH

No. 7121SC368.

181 S.E.2d 778 (1971)

11 N.C. App. 552

STATE of North Carolina v. James SMITH.

Court of Appeals of North Carolina.

June 23, 1971.


Attorney(s) appearing for the Case

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

Charles R. Redden, Winston-Salem, for defendant-appellant.


MORRIS, Judge.

Defendant's sole assignment of error reads as follows: "Counsel for appellant has read the transcript and sets out as the error that the Court failed to set aside the verdict ex mero motu as being based on circumstantial evidence." We think it only fair to counsel for appellant to state that the basis for appeal advanced by counsel was at the insistence of defendant himself.

The evidence for the State tended to show that the building...

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