STATE v. KILLIAN

No. 7226SC177.

188 S.E.2d 529 (1972)

14 N.C. App. 446

STATE of North Carolina v. Leroy KILLIAN.

Court of Appeals of North Carolina.

May 24, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen., Robert G. Webb for the State.

James J. Caldwell, Charlotte, for defendant appellant.


HEDRICK, Judge.

The defendant assigns as error the Court's denial of his timely motion for judgment as of nonsuit. Although the evidence in this case reveals a rather bizarre situation, we think it sufficient to require the submission of the case to the jury and to support the verdict.

The defendant contends:

". . . (T)he Court erred in denying defendant's motion in arrest of judgment as pronounced in this case because of a material variance in the...

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