STATE v. SELLERS

No. 49.

221 S.E.2d 264 (1976)

289 N.C. 268

STATE of North Carolina v. Jack SELLERS.

Supreme Court of North Carolina.

January 29, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Charles V. Bell, Charlotte, for defendant appellant.


COPELAND, Justice.

The defendant contends that the trial court erred in overruling his motion to dismiss all the charges made at the conclusion of all the evidence.

"It is elementary that, for the purposes of ruling upon a motion for judgment of nonsuit, evidence for the State is taken to be true, every reasonable inference favorable to the State is to be drawn therefrom and discrepancies therein are to be disregarded...

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