State v. . Biggs

SCHENCK and SEAWELL, JJ., concur in dissenting opinion. Criminal prosecution tried upon indictment charging the defendants with the murder of one E. J. Swanson.

There is evidence tending to show that on the night of 19 February, 1943, between 8:30 and 9:00 p.m. the three defendants (two brothers, one 20 years of age, the other younger, and the third 19 years old) appeared in an automobile near E. J. Swanson's store and filling station at Jamestown, N.C. They tried to stage a hold-up and robbery. Elmer Hardie Biggs, Jr., remained at the wheel while the other two defendants entered the store. In…