State v. Phelps

The defendant introduced no evidence. He has one assignment of error: the failure of the Trial Court to sustain his"motion for judgment of nonsuit made at the close of the State’s case.

James Edward Monds, a 16 year old boy, lived about a mile north of the village of Corapeake on North Carolina State Highway No. 32. After 6:00 p.m. on 8 December 1954, he left home to walk to Corapeake-to obtain a ride with some of his classmates to Sunbury High School. Woodrow Poison driving a truck on this highway to Corapeake passed Monds about 6:20 p.m. Monds was walking south on the east side of the…