STATE v. LYLES

No. 68.

257 S.E.2d 410 (1979)

STATE of North Carolina v. Douglas Arthur LYLES and David Jonathan Rose.

Supreme Court of North Carolina.

September 4, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Elizabeth C. Bunting, Asst. Atty. Gen., Raleigh, for the State.

W. Lunsford Crew, Roanoke Rapids, for defendants-appellants.


EXUM, Justice.

Defendants' principal assignment of error challenges the trial court's denial of their motion to dismiss at the close of the state's evidence. We hold that the evidence was sufficient to go to the jury as to defendant Rose but not as to defendant Lyles. With regard to the remaining points raised, we hold: (1) there was no error in the consolidation of the trials of the two defendants; (2) the trial court did not err to defendant Rose's prejudice in...

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