State v. . Tate

At the trial of this action, the evidence showed that at about 11 o’clock on the night of 28 February, 1936, as he sat in his automobile which was parked on a public road near the city of Green-ville, in Pitt County, N. 0., Alexander Warren was shot and killed by a man who had suddenly opened the right-hand door of his automobile, and after shooting the deceased, had assaulted a young woman, who was sitting beside him at the time he was shot, with intent to commit rape.

Miss Helen Phelps, a witness for the State, testified as follows:

“I live in Greenville and am nineteen years of age. I knew…