State v. Haddock

The trial judge’s election not to submit to the jury in his charge the second count in the indictment will be treated as the equivalent of a verdict of not guilty on that count. S. v. Mundy, 243 N.C. 149, 90 S.E. 2d 312; S. v. Love, 236 N.C. 344, 72 S.E. 2d 737.

The State’s evidence consists of the testimony of H. W. Pridgen, a state highway patrolman. Defendant offered no evidence. Defendant assigns as error the denial of his motion for judgment of nonsuit made at the close of the State’s case.

The State’s evidence tends to show the following facts:

About 12:30 a.m. on 13 August 1958 H. W.…