STATE v. HORNER

No. 579.

103 S.E.2d 694 (1958)

248 N.C. 342

STATE v. James Madison HORNER and William Gordy.

Supreme Court of North Carolina.

May 21, 1958.


Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., Claude L. Love, Asst. Atty. Gen., and R. T. Sanders, Durham, Staff Atty., for State.

Nance, Barrington & Collier, Fayetteville, by Carl A. Barrington and Rudolph G. Singleton, Jr., Fayetteville, for James Madison Horner, defendant, appellant.

Seavy A. Carroll, Fayetteville, for William Gordy, defendant, appellant.


PARKER, Justice.

The State offered evidence. The defendants offered none. Each defendant assigns as error the denial by the court of his motion for judgment of nonsuit made at the close of the State's evidence.

These motions challenge the sufficiency of the State's evidence, considered in the light most favorable to the State, and giving to the State the benefit of every reasonable inference fairly to be drawn therefrom, to carry the case to the jury. State...

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