STATE v. SIMMONS

No. 217.

83 S.E.2d 904 (1954)

240 N.C. 780

STATE v. Odessa Williams SIMMONS.

Supreme Court of North Carolina.

October 20, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen. and William P. Mayo, Washington, Member of Staff for the State.

Matt H. Allen, Kinston, Paul B. Edmundson, Goldsboro, for defendant appellant.


WINBORNE, Justice.

The sole assignment of error presented on this appeal challenges the ruling of the trial court in denying defendant's motions for judgment as of nonsuit, aptly made, pursuant to the provisions of G.S. § 15-173.

When the sufficiency of the evidence offered on the trial in Superior Court is challenged by motion for judgment as of nonsuit under G.S. § 15-173, the evidence is to be taken in the light most favorable to the State.

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