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STATE v. GAINEY

No. 71.

234 S.E.2d 610 (1977)

292 N.C. 627

STATE of North Carolina v. Timithy Ray GAINEY.

Supreme Court of North Carolina.

May 10, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Special Deputy Atty. Gen. John R. B. Matthis, and Associate Atty. Jo Anne Sanford Routh, Raleigh, for the State.

Robert M. Davis, Salisbury, for defendant-appellee.

SHARP, Chief Justice.

Applying the well-established rules for testing the sufficiency of the State's evidence to carry the case to the jury, the Court of Appeals correctly held that the evidence adduced at the trial survived defendant's motions for nonsuit. State v. McKinney, 288 N.C. 113, 215 S.E.2d 578 (1975). Clearly, the State's evidence was sufficient to establish that defendant...

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