State v. . Cody

This is a companion case to S. v. Ogle, herewith decided, the two having been consolidated for trial, as they arise out of the same transaction, and were heard together on appeal. To avoid repetition, reference is made to the Ogle case for statement of the facts.

The case against Cody readily survives the demurrer. He was in position to appreciate the danger of his negligent driving. As to him the ease was properly submitted to the jury. S. v. Wilson, 218 N. C., 769, 12 S. E. (2d), 654.

The defendant contends, however, that the general verdict of “guilty,” without specifying the count, is too…