STATE v. BURCH

No. 7427SC924.

211 S.E.2d 511 (1975)

24 N.C. App. 514

STATE of North Carolina v. Kevin Jerome BURCH.

Court of Appeals of North Carolina.

February 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. Claude W. Harris and Thomas B. Wood, Raleigh, for the State.

Ramseur & Gingles by Ralph C. Gingles, Jr., Gastonia, for defendant appellant.


MARTIN, Judge.

"Upon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the court in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable inference to be drawn from the evidence. [Citations omitted.] All of the evidence actually admitted, whether competent or incompetent, including that offered by the defendant...

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