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STATE v. DIGGS

No. 697SC509.

171 S.E.2d 230 (1969)

6 N.C. App. 732

STATE of North Carolina v. Mexon DIGGS.

Court of Appeals of North Carolina.

December 17, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. T. Buie Costen, Raleigh, for the State.

Narron & Holdford, by William H. Holdford and Henry C. Babb, Jr., Wilson, for defendant-appellant.

FRANK M. PARKER, Judge.

Defendant assigns as error the refusal of the court to grant his motion of nonsuit made at the conclusion of the State's evidence and renewed at the conclusion of all of the evidence. There is no merit in this assignment of error. It is elementary that upon a motion for nonsuit in a criminal case, all the evidence upon the whole record tending to sustain a conviction is to be considered in the light...

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