State v. Aycoth

Aycoth and Shadrick were indicted jointly and tried together at October 31, 1966 Session of Union Superior Court. Ay-coth’s appeal, in compliance with Rule 5, Rules of Practice in the Supreme Court, 254 N.C. 783, 786-787, was docketed and heard at *50our Spring Term 1967. On such appeal, this Court, while holding “(t)here was plenary evidence to withstand Aycoth’s motion for judgment as in case of nonsuit and to support the verdict,” awarded Aycoth a new trial on account of the prejudicial incident discussed in the opinion. See State v. Aycoth, 270 N.C. 270, 154 S.E. 2d 59.

By order dated…