STATE v. HEDGEPETH

No. 7910SC1085.

265 S.E.2d 413 (1980)

STATE of North Carolina v. Theodore HEDGEPETH.

Court of Appeals of North Carolina.

May 6, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh, for the State.

McDaniel & Heidgerd by C. Diederich Heidgerd, and J. Franklin Jackson, Raleigh, for defendant-appellant.


HILL, Judge.

Although defendant brings forward three assignments of error, we conclude that one is dispositive of this case. The following facts appear of record:

The defendant and the decedent met at a county filling station, went to an A.B.C. store, purchased a quart of whiskey which they began drinking, and then went to the defendant's home, a four-room frame dwelling with a small foyer and front porch. The foyer abutted defendant's bedroom. Defendant's...

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