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STATE v. MUSKELLY

No. 6919SC379.

169 S.E.2d 530 (1969)

6 N.C. App. 174

STATE of North Carolina v. Robert Lee MUSKELLY and Reuben Allen, Jr.

Court of Appeals of North Carolina.

September 17, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Attorney Carlos W. Murray, Jr., for the State.

Johnson, Davis & Horton, by Clarence E. Horton, Jr., Concord, for defendant appellant Muskelly.

M. B. Sherrin, Jr., Concord, for defendant appellant Allen.

VAUGHN, Judge.

Defendants contend that their motions for judgment as of nonsuit as to Case Numbers 12-428 and 12-432, the alleged assault upon Pless, should have been granted. The pertinent parts of these indictments read:

"* * * [D]id, unlawfully, wilfully and feloniously assault one Arthur Nell Pless with a certain deadly weapon, to wit: a pistol with * * * upon said Arthur Nell Pless to wit: by shooting him with said pistol * * *."

The defendants...

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