HEDRICK, Judge.
The sole question for resolution on this appeal is whether the trial court erred in denying defendant's timely motions for judgment as of nonsuit.
Ted O. Rhodes appeared at the trial as a witness for the State and testified that on 7 July 1971 he was the president of J & C Sales, Inc., which operated a convenience store in Fayettesville, N. C. At 9:45 p. m. that night, while Rhodes was working at the store, the defendant and another man...
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