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HOXENG v. THOMAS

No. 7415DC518.

208 S.E.2d 703 (1974)

23 N.C. App. 332

David Earl HOXENG v. Sarah A. THOMAS.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

Spears, Spears, Barnes, Baker & Boles by Robert B. Jervis, Durham, for plaintiff appellant.

Haywood, Denny & Miller by James H. Johnson, III, Chapel Hill, for defendant appellee.

MARTIN, Judge.

Plaintiff's evidence merely tended to show that the defendant was found sitting some five to fifteen feet from the station wagon, and plaintiff had been told by defendant that there were other people in the car. There is no other evidence connecting defendant to the station wagon. The identity of the driver of an automobile may be established by circumstantial evidence, either alone or in connection with...

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