STATE v. BIGGS

No. 43.

223 S.E.2d 371 (1976)

289 N.C. 522

STATE of North Carolina v. James Junior BIGGS.

Supreme Court of North Carolina.

April 6, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

W. T. Culpepper, III, Edenton, for defendant-appellant.


SHARP, Chief Justice:

At the outset we consider and dispose of defendant's contention that the evidence of premeditation and deliberation was not "substantial enough" to warrant submitting the case to the jury on the charge of first degree murder. The assignment is feckless. The familiar rule is that a motion to nonsuit "requires the trial court to consider the evidence in its light most favorable to the State, take it as true, and give the State the benefit of every...

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