STATE v. CROSS

No. 7421SC885.

211 S.E.2d 504 (1975)

24 N.C. App. 584

STATE of North Carolina v. Robert CROSS.

Court of Appeals of North Carolina.

February 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Myron C. Banks, Raleigh, for the State.

Ira Julian, Winston-Salem, for defendant appellant.


BRITT, Judge.

Defendant's sole assignment of error is that the trial court erred in not granting his motion for nonsuit. The evidence, viewed in the light most favorable to the State, tended to show:

Around 3:00 p. m. on 10 November 1973, Sears' employees observed defendant, acting suspiciously, in the men's department of the store. Thereafter, they observed defendant leaving the store with five shirts; he did not stop at any cash register to pay for the shirts...

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