State v. Thomas

BRITT, Judge.

By his first assignment of error, defendant contends the trial court erred in not granting his motion for nonsuit. We find no merit in this assignment. Evidence presented by the State tended to show:

On 22 February 1975, at around 7:30 p.m., Officer J. E. Barnes of the Goldsboro Police Department, responded to a complaint that a bottle had been thrown at a car in the vicinity of Slocumb and Wayne Avenue in Goldsboro. When he arrived at the scene, he found Richard Fennell in an intoxicated state, standing near the corner of Olivia Lane and Slocumb Street preparing to throw an empty…