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STATE v. SMITH

No. 157.

231 S.E.2d 663 (1977)

291 N.C. 505

STATE of North Carolina v. David Benjamin SMITH, alias David Benjamin McCullough and Bobby Orlando Foster.

Supreme Court of North Carolina.

January 31, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

Bart William Shuster, Charlotte, for defendant appellant Foster, and Shelley Blum, Charlotte, for defendant appellant Smith.

HUSKINS, Justice:

Denial of their motion for judgment of nonsuit constitutes defendants' first assignment of error.

A motion for nonsuit in a criminal case requires the court to consider the evidence in the light most favorable to the State, giving it the benefit of every reasonable inference fairly deducible therefrom. State v. McKinney, 288 N.C. 113, 215 S.E.2d 578 (1975); State v. Cutler,

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