STATE v. HEATON

No. 7824SC678.

249 S.E.2d 856 (1978)

39 N.C. App. 233

STATE of North Carolina v. Curtis Roy HEATON.

Court of Appeals of North Carolina.

December 19, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attys. Thomas H. Davis, Jr. and Jane Rankin Thompson, Raleigh, for the State.

William B. Cocke, Jr., Newland, for defendant-appellant.


MORRIS, Chief Judge.

Defendant assigns as error the trial court's failure to enter judgment of nonsuit. It is well settled that upon motion for nonsuit evidence, whether direct or circumstantial, presented by the State and evidence presented by the defendant which may tend to strengthen the State's case is to be considered in the light most favorable to the State while giving the State every reasonable inference to be drawn therefrom. State v. Braxton, 294...

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