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STATE v. VESTAL

No. 3.

180 S.E.2d 755 (1971)

STATE of North Carolina v. Gloyd A. VESTAL.

Supreme Court of North Carolina.

May 12, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. Eugene A. Smith, and Staff Atty. Howard P. Satisky, Raleigh, for the State.

Cahoon & Swisher, by Robert S. Cahoon and James L. Swisher, Greensboro, for defendant.

LAKE, Justice.

Denial of Motion for Judgment of Nonsuit

Upon the defendant's motion for judgment of nonsuit in a criminal action, the question for the court is whether there is substantial evidence of each essential element of the offense charged, or of a lesser offense included therein, and of the defendant's being the perpetrator of such offense. If so, the motion is properly denied. State v. Rowland, ...

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