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STATE v. WALKER

No. 7626SC295.

228 S.E.2d 772 (1976)

STATE of North Carolina v. Richard Powell WALKER.

Court of Appeals of North Carolina.

October 20, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Jo Anne Sanford Routh, Raleigh, for the State.

Wardlow, Knox & Knox, by H. Edward Knox and William G. Robinson, Charlotte, for defendant.

MARTIN, Judge.

Defendant contends the court erred in denying his motion for nonsuit at the close of State's evidence and again at the close of all evidence because there was no showing of an unlawful act or criminal negligence by defendant.

It is well settled in this State that upon a motion for a nonsuit in a criminal case

". . . the trial judge is required to take the evidence for the State as true, to give to the State the benefit of every reasonable...

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