STATE v. WADE

No. 7125SC121.

180 S.E.2d 328 (1971)

11 N.C. App. 169

STATE of North Carolina v. Boyd Linville WADE. STATE of North Carolina v. Clarence R. BENNETT.

Court of Appeals of North Carolina.

April 28, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Attys. Gen., Wm. F. Briley and Claude W. Harris for the State.

Simpson & Martin by Dan R. Simpson, Morganton, for defendant-appellants.


GRAHAM, Judge.

Both defendants assign as error the denial of their motions for directed verdicts of not guilty made at the close of the State's evidence and renewed at the close of all the evidence.

It is elementary that upon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the court in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be...

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