Court of Appeals of North Carolina December 5, 1978, No. 7810SC692 (State v. Stell)

HEDRICK, Judge.

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

Defendant was a driver’s education instructor at West Millbrook Junior High School in Raleigh and Nanette Chavis, who was fifteen years old at the time, was one of his students. On 21 December 1977 at about 9:00 a.m.