STATE v. WORTHAM

No. 437.

81 S.E.2d 254 (1954)

240 N.C. 132

STATE v. WORTHAM.

Supreme Court of North Carolina.

April 14, 1954.


Attorney(s) appearing for the Case

Atty. Gen., Harry McMullan, Asst. Atty. Gen., Ralph Moody, and Gerald F. White, Raleigh, Member of Staff, for the State.

Yarborough & Yarborough, Louisburg, for appellant.


DENNY, Justice.

The defendant assigns as error his exception to the failure of the court below to sustain his motion for judgment as of nonsuit interposed at the close of all the evidence. In our opinion, however, when the State's evidence is considered in the light most favorable to it, as it must be on such motion, it is sufficient to carry the case to the jury. This assignment of error is overruled. State v. Smith, 237 N.C. 1,

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