State v. Durham

Tbe defendant introduced no evidence and at tbe close of tbe State’s evidence made a motion to dismiss tbe action or for judgment as in case of nonsuit. O. S., 4643. Tbe court below overruled tbe motion and in this we can see no error.

It will be noted that although defendant was'not indicted for that offense, tbe evidence was sufficient for a jury to pass on that tbe defendant was tbe driver of tbe car that struck tbe newsboy and violated tbe statute in failing to stop in event of accident involving injury or death to a person. N. C. Code, 1931 (Micbie), sec. 2621(71) ; 2621(103) ; Pub. Laws…