STATE v. WRIGHT

No. 7127SC763.

186 S.E.2d 196 (1972)

13 N.C. App. 489

STATE of North Carolina v. Eugene Jessie WRIGHT.

Court of Appeals of North Carolina.

February 2, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William W. Melvin, and Asst. Atty. Gen. William B. Ray, for the State.

Fred A. Flowers, Shelby, for defendant appellant.


PARKER, Judge.

Appellant assigns error to the denial of his motion for judgment as of nonsuit. He admits that while riding in an automobile being driven on a public highway he was intoxicated, but contends that the evidence was insufficient to support a jury finding he was driving. There is no merit in this contention.

"When a motion is made for a judgment of nonsuit or for a directed verdict of not guilty, the trial judge must determine whether there is substantial...

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