State v. Fenner

Defendant presents three assignments of error.

— I —

Defendant excepts to the denial of his motion for nonsuit.

The State’s evidence, taken as true on the motion for nonsuit (State v. Horner, 248 N.C. 342, 103 S.E. 2d 694), discloses these facts: On 28 March 1964 defendant was at Baleather Fisher’s Store — Service station, which is located in Craven County on a paved highway known as Temple Point Road. He was cursing and using offensive language. Fisher put him out of the store two or three times but he would come back in when a customer entered. In response to a call, deputy sheriff S. Bruce…