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STATE v. CAREY

No. 16.

206 S.E.2d 213 (1974)

285 N.C. 497

STATE of North Carolina v. Anthony Douglas CAREY.

Supreme Court of North Carolina.

July 1, 1974.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., James F. Bullock, Deputy Atty. Gen., and Raymond W. Dew, Jr., Asst. Atty. Gen., Raleigh, for the State of North Carolina.

Gene H. Kendall, Charlotte, for defendant appellant.

HUSKINS, Justice:

The action of the trial court in overruling defendant's motion for judgment of nonsuit in the conspiracy case constitutes his first assignment of error.

"A criminal conspiracy is the unlawful concurrence of two or more persons in a wicked scheme—the combination or agreement to do an unlawful thing or to do a lawful thing in an unlawful way or by unlawful means. The conspiracy is the crime and not its execution." State v. Goldberg,...

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