STATE v. STATEN

No. 768SC714.

232 S.E.2d 488 (1977)

32 N.C. App. 495

STATE of North Carolina v. Johnnie STATEN, Jr.

Court of Appeals of North Carolina.

March 2, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert G. Webb, Raleigh, for the State.

Russell Houston, III, Grifton, for defendant.


MARTIN, Judge.

Defendant's assignments of error raise two questions: (1) Did the trial court err in denying the defendant's motion to dismiss the magistrate's order and in allowing the State's motion to amend said order, and, (2) did the trial court err in denying the defendant's motion for a directed verdict at the close of State's evidence and again at the close of all the evidence?

The State's evidence tends to show that on the third day of January 1976...

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