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STATE v. DIX

No. 19.

193 S.E.2d 897 (1973)

282 N.C. 490

STATE of North Carolina v. Billy C. DIX.

Supreme Court of North Carolina.

January 26, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Howard P. Satisky, for the State.

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

SHARP, Justice:

The determinative question is the sufficiency of the evidence to withstand defendant's motion for nonsuit. The facts material to decision are not controverted.

On 18 April 1970 defendant (aged 23) was incarcerated in the State's prison camp at McLeansville in Guilford County. There, four days earlier, he had begun serving sentences totaling four years which had been imposed by the Superior Court...

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