State v. Lindsey

Pee Cueiam.

Defendant’s brief presents only two questions: (1) Did the court err in denying defendant’s motion for judgment as of non-suit? (2) Did the court err in his instructions relating to G.S. 20-138?

There was evidence tending to show the following facts: On Sunday, February 23, 1964, about 12:00 o’clock, defendant was driving his “GMC log truck” in an easterly direction on the Elrod-Purvis Road. Lacy Oxendine was riding with defendant. The hard-surfaced portion of said road was 20 feet wide. South thereof, to defendant’s right, there was a dirt (grass covered) shoulder of “about six…