STATE v. POOLE

No. 18.

203 S.E.2d 786 (1974)

285 N.C. 108

STATE of North Carolina v. Samuel A. POOLE.

Supreme Court of North Carolina.

April 10, 1974.


Attorney(s) appearing for the Case

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

Seawell, Pollock, Fullenwider, Van Camp & Robbins by P. Wayne Robbins, Southern Pines, Chambers, Stein, Ferguson & Lanning by Adam Stein, Chapel Hill, and David E. Kendall, NAACP Legal Defense Fund, New York City, for defendant appellant.


BOBBITT, Chief Justice.

Defendant assigns as error the denial of his motion under G.S. § 15-173 for judgment as in case of nonsuit. The question presented by this assignment is whether the evidence was sufficient to warrant the submission thereof to the jury and to support a verdict of guilty of the criminal offense charged in the indictment.

The rules for testing the sufficiency of the evidence to withstand defendant's motion are well established. 2...

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