STATE v. O'DONALD

No. 742SC1046.

214 S.E.2d 203 (1975)

25 N.C. App. 598

STATE of North Carolina v. David Eugene O'DONALD et al.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Associate Atty. Gen., David S. Crump, Raleigh, for the State.

Hugh M. Martin, Williamston, for defendant-appellant David Eugene O'Donald.

J. Melvin Bowen, Williamston, for defendant-appellant John Allan Wesley.

Edgar J. Gurganus, Williamston, for defendant-appellant Lowell H. Smith, Jr.


PARKER, Judge.

Appellants assign error to (1) the denial of their motions for directed verdicts of not guilty and (2) the portion of the court's charge to the jury in which the court instructed the jury how it should view the evidence concerning the partially exculpatory statement made by defendants to the police.

Viewed in the light most favorable to the State, the evidence was sufficient to require submission of the case to the jury. Defendants were seen...

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