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STATE v. FOSTER

No. 38.

239 S.E.2d 449 (1977)

293 N.C. 674

STATE of North Carolina v. David Bernard FOSTER.

Supreme Court of North Carolina.

December 15, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., and Jane Rankin Thompson, Associate Atty., Raleigh, for the State.

Shelley Blum, Charlotte, for defendant appellant.

SHARP, Chief Justice.

Defendant brings forward seven assignments of error. We consider first his assignment No. 4, which is the basis for his assertion that "the major question presented by this appeal" is whether the trial judge erred in refusing to direct a verdict of not guilty as to defendant Foster after the jury had acquitted defendant Boulware. Defendant Foster stresses the fact that although the State's case against...

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