State v. Todd

The undisputed evidence presents these facts: On 24 May 1964 defendant and Elmer Guyton were operating on N. C. Highway #211, about one mile east of the town of Bladenboro, a cafe or grill, serving food and drink inside and also rendering curb service. The cafe or grill building was located about 100 feet off the highway, and there was parking space for 30 cars between the building and the highway. Defendant and Guyton had bought the place four days before then. Before 7 p.m. on 24 May 1964, defendant, his wife, and his three children, aged nine, seven, and three years, went to the cafe. When…