State v. Washington

HEDRICK, Judge.

Defendants assign as error the denial of their timely motions for judgments as of nonsuit.

The material evidence offered by the State tends to show the following:

On 24 May 1972, defendants and a companion entered the J. P. Hayes Jewelry Store at 507 Hillsborough Street, Raleigh. The jewelry store is small, approximately 5 feet wide and 15 feet long. The customer area of the store encompasses only that area in front of the showcase and measures approximately 5 feet by 5 feet.

When defendants and their companion entered the store, Hayes was seated at a workbench behind the…