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STATE v. ALSTON

No. 7514SC270.

217 S.E.2d 207 (1975)

27 N.C. App. 11

STATE of North Carolina v. Emmett ALSTON.

Court of Appeals of North Carolina.

August 20, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Jesse C. Brake, Raleigh, for the State.

Loflin, Anderson & Loflin by Thomas F. Loflin, III, Durham, for defendant appellant.

PARKER, Judge.

Defendant's motion for nonsuit was properly denied. "It has been held in many cases that the unsupported testimony of a co-conspirator is sufficient to sustain a verdict, although the jury should receive and act upon such testimony with caution." State v. Carey, 285 N.C. 497, 505, 206 S.E.2d 213, 219 (1974). By cross-examination of the co-conspirator, Williams, defendant's counsel...

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