State v. Gaston

Defendant first assigns as error the failure of the trial court to grant his motion for nonsuit.

When the cases were called for trial, the solicitor announced that the State would seek no greater verdict than felonious breaking and entering on the burglary indictment and would seek a verdict of assault with intent to commit rape on the other indictment. Defendant contends that all the evidence adverse to him tended to show that he was guilty of first-degree burglary and rape; that under State v. Locklear, 226 N.C. 410, 38 S.E. 2d 162, his motion to non-suit interposed at the close of the…