State v. Whitted

MORRIS, Judge.

Defendant’s first assignment of error is directed to the failure of the court to sustain his motion for nonsuit made at the end of the State’s evidence and renewed at the end of all the evidence. There was plenary evidence upon which to submit this case to the jury, and the court properly overruled defendant’s motions.

The second and third assignments of error are directed to the judge’s charge to the jury, but no exception to the jury instructions appears in the record on appeal. The Rules of Practice of the Court of Appeals and of the Supreme Court of North Carolina (19 and 21)…