STATE v. SCOTT

No. 37.

251 S.E.2d 414 (1979)

296 N.C. 519

STATE of North Carolina v. Bobby Dean SCOTT.

Supreme Court of North Carolina.

February 5, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.

Clarence E. Horton, Jr., Concord, for defendant.


SHARP, Chief Justice:

The decisive question on this appeal is whether the trial court erred in overruling defendant's motion for judgment as of nonsuit. Such a motion requires the Court to consider all the evidence in the light most favorable to the State and to give the State the benefit of every reasonable inference to be drawn from it. In this case the State relied solely upon circumstantial evidence. However, if there is substantial evidence to support a finding...

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