State v. . Wall

Stacy, O. J.

The announcement of the solicitor, made before entering upon the trial, that the State would not ask for a verdict of more than murder in the second degree, was tantamount to taking a nolle prosequi on the capital charge. S. v. Gregory, 203 N. C., 528, 166 S. E., 387; S. v. Brigman, 201 N. C., 793, 161 S. E., 727; S. v. Spain, ibid., 571, 160 S. E., 825; S. v. Hunt, 128 N. C., 584, 38 S. E., 473.

In this state of the record, the testimony of the witness, Shackie Belton, even if regarded as indefinite or too remote in point of time, could not be held for reversible error, though…