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STATE v. OXENDINE

No. 7316SC827.

201 S.E.2d 542 (1974)

20 N.C. App. 458

STATE of North Carolina v. Joe OXENDINE.

Court of Appeals of North Carolina.

January 9, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Jacob L. Safron, Raleigh, for the State.

Musselwhite, Musselwhite & McIntyre by Fred L. Musselwhite, Lumberton, for defendant-appellant.

HEDRICK, Judge.

Defendant first assigns as error the failure of the trial court to grant his motions for judgment as of nonsuit. It is elementary that in a motion for nonsuit the court must consider the evidence in the light most favorable to the State, take it as true, and consider every reasonable inference arising therefrom. State v. Gaines, 283 N.C. 33, 194 S.E.2d 839...

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