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STATE v. FENNER

No. 85.

140 S.E.2d 349 (1965)

263 N.C. 694

STATE v. Willie Guy FENNER.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. James F. Bullock, for the State.

Reginald L. Frazier, New Bern, Samuel S. Mitchell, Raleigh, and J. LeVonne Chambers, Charlotte, for defendant.

MOORE, Justice.

Defendant presents three assignments of error.

I

Defendant excepts to the denial of his motion for nonsuit.

The State's evidence, taken as true on the motion for nonsuit (State v. Horner, 248 N.C. 342, 103 S.E.2d 694), discloses these facts: On 28 March 1964 defendant was at Baleather Fisher's Store—Service...

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