No. 6922SC147.

167 S.E.2d 871 (1969)

5 N.C. App. 141

STATE of North Carolina v. Margaret Ruth HORTON.

Court of Appeals of North Carolina.

Certiorari Allowed July 11, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. James F. Bullock, for the State.

F. Lee Bailey, Boston, Mass., and Gardner & Wilson, by Rossie G. Gardner and Jerry C. Wilson, High Point, for defendant appellant.

BRITT, Judge.

Defendant first assigns as error the failure of the trial court to grant her motion for judgment as of nonsuit.

It is well settled that in passing upon a motion for judgment as of nonsuit in criminal prosecutions, the evidence must be considered in the light most favorable to the State; and when so considered, if there is more than a scintilla of competent evidence to support the allegations in the warrant or bill of indictment, it is the duty...

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