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STATE v. BURLESON

No. 7529SC776.

222 S.E.2d 274 (1976)

STATE of North Carolina v. Arnold Paul BURLESON.

Court of Appeals of North Carolina.

February 18, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

Davis & Kimel by Horace M. Kimel, Jr., Marion, for defendant-appellant.

MARTIN, Judge.

Defendant assigns as error the denial of his motion for judgment as of nonsuit.

The evidence, inclusive of a portion of defendant's statement to Deputy Sheriff Smith, was sufficient to support a finding that defendant intentionally shot Pruitt and thereby inflicted a bullet wound which proximately caused Pruitt's death. If so, nothing else appearing, defendant would be guilty of murder in the second degree. See State v. Bolin,

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