State v. . Cureton

The defendant assigns as error the refusal of the court to dismiss, on his motion of nonsuit, the first degree murder charge. The record does not sustain this assignment. Only a general motion of nonsuit was entered. However, as this is a capital case we have considered defendant’s assignment as if supported by the record.

Briefly stated, the evidence favorable to the State tends to show that on 23 June, 1940, the defendant, the deceased and others, had been engaged in a game of skin. The deceased took a card out of the deck which, as we understand, is a serious breach of the ethics of that…