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STATE v. BAILIFF

No. 6815SC313.

163 S.E.2d 398 (1968)

2 N.C. App. 608

STATE of North Carolina v. Finley W. BAILIFF.

Court of Appeals of North Carolina.

October 16, 1968.

Attorney(s) appearing for the Case

T. W. Burton, Atty. Gen., by Ralph Moody, Deputy Atty. Gen., for the State.

Herbert F. Pierce, Graham, for defendant.

BROCK, Judge.

The defendant assigns as error that the trial judge overruled his motion for nonsuit.

Although the State's evidence was circumstantial it was sufficient to withstand a motion for nonsuit. The test of the sufficiency of circumstantial evidence to withstand a motion for nonsuit is the same as the rule applicable to direct evidence. State v. Bogan, 266 N.C. 99, ...

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