State v. Sharpe

The opinion of the court was delivered by

Thiele, J.:

This was a criminal action. The state appeals from a ruling of the trial court sustaining the defendant’s motion for a new trial.

*521As the result of a trial, on February 28, 1951, the jury returned a verdict finding defendant guilty of a violation of G. S. 1949, 21-424. Upon proper application defendant was given time to and did file his motion for a new trial on grounds including erroneous admission of evidence and failure to fully instruct the jury, and later and on April 5, 1951, the trial court set aside and annulled the verdict of February…