STATE v. SCOTT

No. 61.

224 S.E.2d 185 (1976)

289 N.C. 712

STATE of North Carolina v. Ben Frank SCOTT and Eula Mae Jacobs.

Supreme Court of North Carolina.

May 14, 1976.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by James E. Magner, Jr., Asst. Atty. Gen., Raleigh, for the State.

I. M. Biggs, Lumberton, for defendant Ben Frank Scott.

Musselwhite, Musselwhite & McIntyre by Fred L. Musselwhite, Lumberton, for defendant Eula Mae Jacobs.


EXUM, Justice.

Our decision upon defendant Scott's petition for further discretionary review is to reverse the Court of Appeals insofar as it affirmed the denial of this defendant's motion for nonsuit. Upon the State's appeal we affirm the Court of Appeals' award of a new trial to defendant Jacobs.

The evidence for the State, neither defendant having offered evidence, may be summarized as follows:

Eula Mae Jacobs and Wallace Jacobs apparently did not...

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