STATE v. PERRY

No. 749SC285.

204 S.E.2d 916 (1974)

21 N.C. App. 528

STATE of North Carolina v. James PERRY, Jr.

Court of Appeals of North Carolina.

May 15, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Watkins, Edmundson & Wilkinson by C. W. Wilkinson, Jr., Oxford, for defendant appellant.


CAMPBELL, Judge.

Defendant assigns as error the failure of the trial court to grant his motion for judgment as of nonsuit because the State failed adequately to prove cause of death or that the actions of defendant were the proximate causes of death. There were two eyewitnesses to the shooting. The Granville County Medical Examiner testified as to the wound in deceased's abdomen just before the following exchange occurred:

"Q. Do you have an opinion as to...

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