State v. Stephens

The State introduced evidence; defendant did not. Defendant assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of the State’s case.

The State’s evidence, considered in the light most favorable to it, S. v. Haddock, 254 N.C. 162, 118 S.E. 2d 411, shows the following facts:

About a mile north of the corporate limits of Reidsville, Highway 2552 crosses the tracks of the Southern Railway Company, and about 40 feet in a westerly direction from the railway tracks it intersects Highway 29. This is a grade crossing. At this point the railway tracks run…