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STATE v. SAULS

No. 54.

230 S.E.2d 390 (1976)

291 N.C. 253

STATE of North Carolina v. Sears William SAULS.

Supreme Court of North Carolina.

December 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State appellant.

William C. Ray, Greensboro, for defendant-appellee.

MOORE, Justice.

Defendant strongly contends that the Court of Appeals correctly held that a nonsuit should have been granted in this case. The basis of this contention is that the evidence is insufficient to show that defendant is an accessory before the fact to the crimes of forgery and uttering forged instruments.

G.S. 14-5, in pertinent part, provides:

"If any person shall counsel, procure or command any other person to commit any felony . . ....

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