State v. Mitchner

Defendant introduced no evidence in his behalf. He assigns as error the denial by the trial court of his motion for judgment of involuntary nonsuit made at the close of the State’s evidence.

The State's evidence shows these facts:

Mildred Hargrove on 31 May 1960 was admitted as a patient in Wayne Memorial Hospital in the city of Goldsboro. Dr. William Trach-tenberg, a licensed physician, and Dr. Winfield Thompson, a surgeon, examined her within 24 hours after her admission in the hospital, and diagnosed her condition as a pelvic and abdominal peritonitis with severe infection resulting from an…