STATE v. HACKETT

No. 7421SC503.

207 S.E.2d 362 (1974)

22 N.C. App. 619

STATE of North Carolina v. Wayne Edward HACKETT.

Court of Appeals of North Carolina.

August 7, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Parks H. Icenhour, Raleigh, for the State.

Larry L. Eubanks, Winston-Salem, for defendant appellant.


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:

"[T...

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