State v. Cheek

198 S.E.2d 460 (1973)

19 N.C. App. 308

STATE of North Carolina

v.

Luther Louis CHEEK.

No. 7319SC349.

Court of Appeals of North Carolina.

August 29, 1973.

Atty. Gen. Robert Morgan by Ann Reed, Associate Atty., and Robert R. Reilly, Associate Atty., Raleigh, for the State.

H. Wade Yates, Asheboro, for defendant appellant.

BRITT, Judge.

Defendant assigns as error the failure of the court to allow his motion for nonsuit interposed at the close of the evidence for the reasons that the State (1) failed to prove the cause of Miss Cross' death and (2) failed to show culpable negligence on the part of defendant.…