STATE v. FLETCHER

No. 95.

271 S.E.2d 913 (1980)

STATE of North Carolina v. Mark Duane FLETCHER.

Supreme Court of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Elisha H. Bunting, Jr., Asst. Atty. Gen., Raleigh, for the State.

Richard S. James, Jacksonville, for defendant-appellant.


HUSKINS, Justice:

Defendant contends the State's evidence was insufficient to repel his motion for judgment of nonsuit made at the close of the State's evidence. Denial of that motion constitutes his first assignment of error.

It is elementary that a motion to nonsuit requires the trial court to consider the evidence in its light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference to be drawn therefrom...

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