State v. McLawhorn

The evidence reveals that only one shot was fired at the time deceased received the bullet wound which caused his death. The State, having, adduced testimony from two witnesses that they saw defendant fire a pistol and that immediately thereafter Browm fell, exclaiming that he had been hit, clearly made out a case for the jury. State v. Smith, 268 N.C. 659, 151 S.E. 2d 596; State v. Downey, 253 N.C. 348, 117 S.E. 2d 39; State v. Brooks, 228 N.C. 68, 44 S.E. 2d 482. Defendant’s assignment of error based upon the denial of his motion for nonsuit is overfuled.

Over defendant’s objection, and for…