STATE v. THOMAS

No. 10.

232 S.E.2d 411 (1977)

292 N.C. 251

STATE of North Carolina v. Eugene THOMAS.

Supreme Court of North Carolina.

March 7, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Associate Atty. Thomas H. Davis, Jr., Raleigh, for the State.

H. P. Taylor, Jr., Wadesboro, for defendant-appellee.


SHARP, Chief Justice.

In passing upon the validity of a motion to dismiss or for judgment as of nonsuit, the Court considers the evidence in the light most favorable to the State, giving it the benefit of every legitimate inference arising therefrom. If there is any competent evidence tending to establish each material element of the offense charged in the bill of indictment the motion must be overruled. See generally 4 Strong's N.C. Index, Criminal Law...

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