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STATE v. WALLACE

No. 7719SC1012.

242 S.E.2d 894 (1978)

STATE of North Carolina v. Earl "Bubba" WALLACE.

Court of Appeals of North Carolina.

April 18, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Douglas A. Johnston, Raleigh, for the State.

Koontz, Horton & Hawkins by Clarence E. Horton, Jr., Concord, for defendant appellant.

PARKER, Judge.

Appellant raises but one question on this appeal, whether the evidence was sufficient to take the case to the jury. Citing State v. Johnson, 261 N.C. 727, 136 S.E.2d 84 (1964), he contends that the State's evidence and his own evidence is to the same effect and that all of the evidence tends to exculpate him. From this, he argues that his motions for dismissal should have been...

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