STATE v. McNEIL

No. 124.

185 S.E.2d 156 (1971)

280 N.C. 159

STATE of North Carolina v. Joseph McNEIL and Joseph Bridges.

Supreme Court of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

W. Arnold Smith, Raleigh, for defendant-appellant McNeil.

Earle R. Purser, Raleigh, for defendant-appellant Bridges.

Robert Morgan, Atty. Gen., and Millard R. Rich, Jr., Asst. Atty. Gen., for the State.


HUSKINS, Justice.

Failure to nonsuit constitutes defendants' first assignment of error. Motion to nonsuit requires the trial judge to consider the evidence in the light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference to be drawn therefrom. State v. Vincent, 278 N.C. 63, 178 S.E.2d 608 (1971). "Regardless of whether the evidence is direct, circumstantial, or both, if there...

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