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240 N.C. 141

State v. Bolling

Supreme Court of North Carolina

Decided April 14, 1954

Supreme Court of North Carolina · decided 1954-04-14

Relies on State v. Smith · Bland v. City of Richmond · Commonwealth v. Lyseth

Decided 1954-04-14

Pee. Ctjbiam,

¶1The charge of the court is not brought forward.

¶2The sole assignment of error argued in the defendant’s brief is the failure of the trial court to grant his motion for judgment of nonsuit aptly made.

¶3The evidence, considered in the light most favorable to the State, is sufficient in our opinion to carry the ease to the jury. S. v. Smith, ante, 99, 81 S.E. 2d 263; S. v. Holbrook, 228 N.C. 620, 46 S.E. 2d 843; Commonwealth v. Lyseth, 250 Mass. 555, 146 N.E. 18; S. v. De Hart, 3 N.J., Misc. Reports 71, 129 A. 427.

¶4The defendant says in his brief the case of Bland v. City of Richmond, 190 Va. 42, 55 S.E. 2d 289, “is factually similar.” The case does not support such statement. In that case the defendant was not arrested at the scene of the collision; he did not beg not to be charged with driving while under the influence of intoxicating liquor; he did not want to plead guilty and pay off.

¶5In the trial below we find

¶6No error.

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