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STATE v. SWAIN

No. 68SC16.

160 S.E.2d 94 (1968)

1 N.C. App. 112

STATE of North Carolina v. Jasper SWAIN.

Court of Appeals of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. William Melvin, and Staff Atty. T. Buie Costen, Raleigh, for the State.

W. R. Dalton, Jr., Burlington, for defendant appellant.

CAMPBELL, Judge.

As stated by LAKE, J. in State v. Hill, 272 N.C. 439, 444, 158 S.E.2d 329, 333 (1967):

"The test of the sufficiency of the State's evidence to withstand a motion for judgment of nonsuit in a criminal action is the same whether the evidence is circumstantial, direct, or a combination of both. * * * To survive the motion for nonsuit, it is not necessary that the Court be of...

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