STATE v. YELLORDAY

No. 81.

256 S.E.2d 205 (1979)

297 N.C. 574

STATE of North Carolina v. Alton Ray YELLORDAY and Ricky Nelson.

Supreme Court of North Carolina.

July 12, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., and Charles J. Murray, Asst. Atty. Gen., Raleigh, for the State.

Dwight L. Cranford, Roanoke Rapids, for Ricky Nelson, defendant.

H. P. McCoy, Jr., Scotland Neck, for Alton Ray Yellorday, defendant.


SHARP, Chief Justice.

We consider first defendants' assignment of error No. 6, that the trial judge erred in denying their motions for judgments as of nonsuit at the close of the State's evidence. In a criminal case the rule is that, upon a motion to nonsuit, the court must consider the evidence "in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable...

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