State v. Cobb

The defendants’ assignments of error present only the question of nonsuit. Other purported assignments do not comply with our Rules 19(3) and 21 as they have repeatedly been interpreted by this Court. Gibbs v. Gaimel, 257 N.C. 650, 127 S.E. 2d 271; Pratt v. Bishop, 257 N.C. 486, 126 S.E. 2d 597; see also the annotations to the Rules.

The evidence offered by the State tends to establish these undisputed facts: On June 11, 1963, it was the policy and practice of the Colony Theater to seat Negroes in the balcony and white patrons in the orchestra section. In other words, the Colony was a…