State v. Douglas

BRITT, Judge.

Each defendant assigns as error the failure of the trial court to allow his motion for non-suit interposed at the conclusion of the State’s evidence and renewed at the conclusion of all the evidence.

The evidence, viewed in the light most favorable to the State, tended to show: On 5 November 1969 Beltowsky, Uresti and the defendants were soldiers stationed at Ft. Bragg. Early that evening Beltowsky and Uresti were hitchhiking on Bragg Boulevard in Fayetteville attempting to get a ride to Ft. Bragg. A green two-door Buick, driven and owned by defendant Boyce, with defendant Douglas…