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STATE v. McCALL

No. 20.

223 S.E.2d 334 (1976)

289 N.C. 570

STATE of North Carolina v. Elzie McCALL.

Supreme Court of North Carolina.

April 6, 1976.

Attorney(s) appearing for the Case

Stepp, Groce, Pinales & Cosgrove by W. Harley Stepp, Jr., and Edwin R. Groce, Hendersonville, for defendant-appellant.

Rufus L. Edmisten, Atty. Gen., Thomas B. Wood, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

HUSKINS, Justice:

Defendant moved to nonsuit the first degree murder charge on the ground that evidence of premeditation and deliberation was insufficient to carry the capital charge to the jury. Denial of the motion is assigned as error. When the evidence is taken as true and considered in the light most favorable to the State, as we are required to do, it is sufficient to carry the case to the jury on all counts encompassed...

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