STATE v. WOOTEN

No. 68SC47.

161 S.E.2d 59 (1968)

1 N.C. App. 240

STATE of North Carolina v. Willie WOOTEN.

Court of Appeals of North Carolina.

May 15, 1968.


Attorney(s) appearing for the Case

T. Wade Bruton, Atty. Gen., by Millard R. Rich, Jr., Asst. Atty. Gen., for the State.

McCown & McCown, by Wallace H. McCown, Manteo, for defendant appellant.


BRITT, Judge.

Defendant's first assignment of error is that the trial court erred in failing to grant his motion for judgment as of nonsuit.

On motion for nonsuit, we must consider the evidence in the light most favorable to the State and give the State the benefit of every reasonable inference fairly deducible therefrom. State v. Mullinax, 263 N.C. 512, 139 S.E.2d 639.

The pertinent...

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