#### STATE v. ANALPHUS LEE TILLEY.

(Filed 19 April, 1950.)

Appeal by defendant from Frizzelle, J., and a jury, at October Term, 1949, of Wake.

The defendant was charged with aiding and abetting one Allen Dickens in the commission of a misdemeanor, to wit, the unlawful operation of a motor vehicle upon a public highway while under the influence of intoxicating liquor. The jury found the defendant guilty as charged, and the court imposed judgment on the verdict. The defendant appealed, assign*735ing the refusal to dismiss the action. upon a. compulsory nonsuit and certain excerpts from the charge as error.

Attorney-General McMullan and Assistant Attorney-General Rhodes for the State, appellee.

W. Brantley Womble for defendant, appellant.

Per Curiam.

The testimony of the prosecution was sufficient to ’take the casé to the jury and to support a verdict for the State. S. v. Gibbs, 227 N.C. 677, 44 S.E. 2d 201. Consequently the court rightly refused to dismiss the action upon a compulsory nonsuit under G.S. 15-173. When it is read as a whole, the charge is free from legal error. Wyatt v. Coach Co., 229 N.C. 340, 49 S.E. 2d 650.

No error.