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STATE v. BARRINGTON

No. 7515SC697.

220 S.E.2d 154 (1975)

28 N.C. App. 215

STATE of North Carolina v. John Ricky BARRINGTON.

Court of Appeals of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Cynthia Jean Zeliff, Raleigh, for the State.

Harris & McEntire by Mitchell M. McEntire, Graham, for defendant-appellant.

ARNOLD, Judge.

Defendant first assigns as error the denial of his motion for judgment as of nonsuit at the close of the State's evidence. Defendant offered no evidence.

There was no error in refusing defendant's motion. A motion to nonsuit requires that the evidence be considered in the light most favorable to the State, be taken as true, and that the State be given the benefit of every reasonable inference to be drawn therefrom. State v. Goines,

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