HEDRICK, Judge.
Defendant contends the trial court erred in failing to grant his motions for judgment as of nonsuit. The evidence presented by the State tends to establish the following: On 3 September 1971 defendant and two other men, Junior Cameron and Marvin Pennell, were riding down Cassell Street in Winston-Salem "in something like a mail cart, a three-wheel buggy-like vehicle". Marvin Pennell, the principal witness for the State, testified that:
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