HEDRICK, Judge.
The defendant assigns as error the denial of his motions for judgment as of nonsuit made at the close of the State's evidence and at the close of all the evidence.
Evidence offered by the State tended to show the following: Lloyd E. Miller, a patrolman for the Charlotte Police, was in his apartment at approximately 3:00 a. m. on 22 March 1975 packing clothes for a fishing trip when he heard a noise outside "which sounded like metal hitting...
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