State v. Howard

Each defendant assigns as error the court’s refusal to grant his motions of nonsuit. The theory of the State’s case is that the defendants murdered Lewis in the perpetration of a robbery (G.S. 14-17), and that each was present aiding and abetting the other in the commission of that felony. Each defendant contends that the other killed and robbed Lewis without his assistance or connivance; that he was merely present, took no part in the assault and robbery, and did not share in the proceeds.

Had either defendant rested at the close of the State’s case, he would have been entitled to have his…