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State V. Ham

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eBook details

  • Title: State V. Ham
  • Author : Supreme Court of North Carolina
  • Release Date : January 22, 1944
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

The first exceptive assignments of error set out in the appellants' brief are those numbered one and two and are to the court's refusal to allow the defendants' motion to dismiss the action or for judgment of nonsuit lodged when the State had produced its evidence and rested its case and renewed after all the evidence in the case was concluded (G.S., 15-173). We are constrained to sustain these assignments in so far as they relate to the defendant Raymond Hardy, since the evidence raises no more than a suspicion of his guilt. The assignments in so far as they relate to William Davis (alias Jack) Ham and Thurman Hardy are not sustained, since the testimony of the prosecuting witness Ardella Evans was to the effect that she was robbed of between five and six thousand dollars by two men who came to her house on the night, or late evening, of the first day of October, 1943; that one of the men held her while the other took the money from a pocket or bag attached to her slip; that the man who held her was the taller of the two, and the man who actually took the money off of her person was the shorter; that the two men she subsequently saw in the jail were the two men who robbed her, and that these two men were Jack Ham and Thurman


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