STATE v. ERWIN

No. 755SC11

212 S.E.2d 685 (1975)

25 N.C. App. 301

STATE of North Carolina v. Charles H. ERWIN and Vance A. Curley.

Court of Appeals of North Carolina.

April 2, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Jay D. Hockenbury, Wilmington, for defendant appellant Charles Erwin.

Roy C. Bain, Wilmington, for defendant appellant Vance Curley.


BRITT, Judge.

DEFENDANT ERWIN'S APPEAL

Defendant Erwin assigns as error the denial by the trial court of his motions for a directed verdict of not guilty and to set the verdict aside for insufficiency of the evidence. Evidence presented by the State, viewed in the light most favorable to it, tended to show:

Around 10:45 p. m. on 14 September 1973, Deputy Sheriffs Banker and Smith received a call to go to the Cape Fear Shopping Center on Castle Hayne...

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