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STATE v. NEELY

No. 6926SC220.

166 S.E.2d 878 (1969)

4 N.C. App. 475

STATE of North Carolina v. Jerry Leon NEELY.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis, Trial Attorney Charles M. Hensey and Staff Attorney D. M. Jacobs, Raleigh, for the State.

W. Herbert Brown, Jr., Charlotte, for defendant appellant.

CAMPBELL, Judge.

The defendant's first contention is that the trial judge erred in denying his motions for judgment as of nonsuit made at the close of the State's evidence and renewed at the close of all the evidence. It is argued, since Daniels was not under a subpoena to testify as a witness and since his testimony had been completed when the threats were made, there was no intimidation or threatening of a witness within...

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