STATE v. GOINS

No. 506.

136 S.E.2d 97 (1964)

261 N.C. 707

STATE v. Joe GOINS, Jr. STATE v. Jesse James MARTIN.

Supreme Court of North Carolina.

April 29, 1964.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Richard T. Sanders, Asst. Atty. Gen., for the State.

J. W. Hoyle, Sanford, for defendant Joe Goins, Jr., appellant.

H. M. Jackson, Sanford, for defendant Jesse James Martin, appellant.


HIGGINS, Justice.

Each defendant contended the evidence as to him, being in large measure circumstantial, was insufficient to go to the jury, and, for that reason, the court committed error in denying the motions to dismiss. "When a motion is made for a * * * directed verdict of not guilty, the trial judge must determine whether there is substantial evidence of every essential element of the offense. In so far as the duty of the judge is concerned, it is immaterial...

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