State v. Lesley

HEDRICK, Judge.

The defendant assigns as error the denial of his timely motion for judgment as of nonsuit. The State offered evidence tending to show the following:

M. R. Lane, “a uniformed officer” with the Salisbury Police Department, was on duty on 29 April 1975. He was patrolling “29 South,” a public highway, at approximately 12:50 a.m., when he passed the old Pepsi-Cola Bottling Plant. He described the building as being unoccupied and there were “for rent” and “for sale” signs posted in the windows. The premises were not maintained and weeds were beginning to grow up in the yard. There was…