STATE v. LIPSEY

No. 7225SC289.

188 S.E.2d 24 (1972)

14 N.C.App. 246

STATE of North Carolina v. Benjamin LIPSEY.

Court of Appeals of North Carolina.

April 26, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Gen. Benjamin H. Baxter, Jr., for the State.

W. Harold Mitchell, Valdese, for defendant.


BROCK, Judge.

Defendant assigns as error that the trial judge denied his motion for dismissal at the close of the State's evidence and again at the close of all the evidence. These assignments of error are without merit. The State offered the testimony of a witness who saw "Benjamin Lipsey [the defendant] jump up and come down with his hands and cut him [Officer Whitesides] across the head and across the shoulder." This testimony coupled with the testimony of the...

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