STATE v. LUTHER

No. 7420SC173.

203 S.E.2d 343 (1974)

21 N.C. App. 13

STATE of North Carolina v. James Ellis LUTHER.

Court of Appeals of North Carolina.

March 6, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. C. Diederich Heidgerd, Raleigh, for the State.

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. A., by P. Wayne Robbins, Southern Pines, for defendant appellant.


MORRIS, Judge.

Defendant contends that the denial of his motion for nonsuit was error inasmuch as the State failed to produce evidence showing beyond a suspicion or conjecture that decedent's death was proximately caused by acts of the defendant. With this contention we cannot agree.

The test for the sufficiency of the evidence to withstand motion for nonsuit is whether the evidence, when taken in the light most favorable to the State, giving the State the...

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