State v. Massey

Both the State and defendant offered evidence. The State’s evidence, considered in the light most favorable to it, shows the following facts: Gibbs Street in Charlotte is a 2-lane, 18-foot-wide roadway without curbing. On 26 October 1966, a few minutes before 7:00 p.m., defendant backed his 1959 red-and-white Ford out of a driveway between Persons and Oaklawn on Gibbs Street. He “took off . . . running about thirty miles per hour up the street” toward Oaklawn. In addition to the driver, there were five people in the automobile. It was drizzling, and the weather was foggy. The glass in the…