STATE v. ROSS

No. 7927SC620.

260 S.E.2d 777 (1979)

44 N.C. App. 323

STATE of North Carolina v. Will Frank ROSS and John E. Fulwiley.

Court of Appeals of North Carolina.

December 18, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. James C. Gluick, Raleigh, for the State.

Public Defender Curtis O. Harris, 27th A Judicial District, Gastonia, for defendants-appellants.


ERWIN, Judge.

Defendants present one question on appeal: "Did the Court err in failing to dismiss the cases against the defendants in that the evidence presented by the State showed only that the defendants were present at the scene of the crime?" We answer, "Yes."

Upon motion for judgment as of nonsuit, the evidence must be considered in the light most favorable to the State, giving the State the benefit of every reasonable inference to be drawn therefrom...

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