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STATE v. HAMLIN

No. 7217SC470.

190 S.E.2d 394 (1972)

15 N.C. App. 561

STATE of North Carolina v. Pete HAMLIN.

Court of Appeals of North Carolina.

August 2, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. James E. Magner, Jr., for the State.

Gwyn, Gwyn & Morgan by Melzer A. Morgan, Jr., Reidsville, for defendant.

BROCK, Judge.

Defendant assigns as error that the evidence is insufficient to sustain a verdict of guilty.

Upon the authority of State v. Smith, 249 N.C. 212, 105 S.E.2d 622, we agree that the evidence is insufficient to support a verdict of guilty of the offense with which defendant was charged.

In this case the defendant offered no evidence, and, although defendant did not move for...

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