STATE v. LEE

No. 774SC304.

237 S.E.2d 315 (1977)

34 N.C. App. 106

STATE of North Carolina v. Morgan Jessie LEE.

Court of Appeals of North Carolina.

September 21, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh, for the State.

Holland & Poole, P.A. by R. Maurice Holland, Clinton, for defendant-appellant.


PARKER, Judge.

Defendant challenges the sufficiency of the evidence to take the case to the jury. We find the evidence insufficient and hold that defendant's motion for nonsuit should have been granted.

While it is the duty of the jury to determine the weight and credibility of the evidence, it is the court's duty, in the first instance, to determine whether sufficient evidence has been presented to permit the jury to pass upon its weight and credibility....

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