State v. Gurley

Pee Cueiam.

Defendant assigns as error the denial of his motion for nonsuit.

Levi Moore was fatally injured when the automobile in which he was riding collided with an automobile driven by defendant. The collision occurred at 10:20 p. m. on 31 January 1961 on U. S. Highway 70 west of Goldsboro. The Mercury automobile in which deceased was riding was being operated westwardly by Johnnie Exum. It was meeting two cars going east, the second of which, a Cadillac, was being operated by defendant Gurley. Gurley pulled to the left to pass the car in front of him, and collided head-on with the Mercury…