STATE v. BINDYKE

No. 34.

220 S.E.2d 521 (1975)

288 N.C. 608

STATE of North Carolina v. Donald Paul BINDYKE.

Supreme Court of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., Archie W. Anders, Associate Attorney, Raleigh, for the State.

Harris & McEntire, Mitchell M. McEntire, Graham, and Loflin & Loflin, Thomas F. Loflin, III, Durham, for defendant-appellant.


SHARP, Chief Justice:

The first assignment of error which defendant brings forward on appeal to this Court is that the trial judge erred in overruling his motion for judgment of nonsuit on all counts in the "Information and Waiver of Indictment." We consider first his contention that the evidence was insufficient to establish a conspiracy among him, Montgomery and Moon to set fire to the Mayor's bushes or fence as charged in the first count. Upon a motion for nonsuit...

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