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STATE v. DAVIS

No. 805SC820.

274 S.E.2d 858 (1981)

STATE of North Carolina v. Shepard DAVIS.

Court of Appeals of North Carolina.

February 17, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Lester V. Chalmers, Jr., and Asst. Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

M. Anderon Howell, Howell & Dellinger, Wilmington, for defendant-appellant.

WELLS, Judge.

Defendant first assigns error to the failure of the trial court to grant defendant's motion to dismiss at the conclusion of the State's evidence. We believe that the decision of our Supreme Court in State v. Aycoth, 272 N.C. 48, 157 S.E.2d 655 (1967), is applicable here and compels reversal. In Aycoth, the Court stated that:

"The mere presence of a person at the...

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