State v. Wade

BRITT, Judge.

Defendant assigns as error the failure of the court to grant his timely made motions for judgment as of nonsuit.

The State’s evidence viewed in the light most favorable to it tends to show: On the night of August 13-14, 1971, Mr. and Mrs. Howard Gebeaux and their two-year-old son were occupying their home in Morehead City. They went to bed around 11:00 p.m., Mr. and Mrs. Gebeaux occupying an upstairs bedroom and their son occupying a downstairs bedroom. Around 2:30 a.m. Mr. and Mrs. Gebeaux were awakened by a noise and went downstairs to investigate. After checking several rooms…