STATE v. FOSTER

No. 51.

192 S.E.2d 320 (1972)

282 N.C. 189

STATE of North Carolina v. Willie FOSTER, Jr.

Supreme Court of North Carolina.

November 15, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William B. Ray and Associate Attorney Thomas W. Earnhardt, Raleigh, for the State.

Hicks & Harris by Richard F. Harris, III, and Eugene C. Hicks, III, Charlotte, for defendant appellant.


BOBBITT, Chief Justice.

Although the undisputed and unequivocal testimony of Mrs. Davis tends to show that she was assaulted, the jury failed to find that she was assaulted by defendant. Indeed, Mrs. Davis's testimony affirmatively discloses that she could not identify defendant as her assailant. The appeal relates solely to the indictment and trial of defendant for first degree burglary.

We consider first those assignments of error which, if tenable, would...

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