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STATE v. CUMMINGS

No. 54.

271 S.E.2d 277 (1980)

STATE of North Carolina v. John W. CUMMINGS and Willie Mae Ray Cummings.

Supreme Court of North Carolina.

November 4, 1980.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by James L. Stuart, Asst. Atty. Gen., Raleigh, for the State.

James R. Parish, Asst. Public Defender, Fayetteville, for defendants-appellants.

HUSKINS, Justice:

Failure of the court to nonsuit constitutes each defendant's first assignment of error.

A motion to nonsuit requires the trial court to consider the evidence in its light most favorable to the State, take it as true and give the State the benefit of every reasonable inference to be drawn therefrom. State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968). Whether the evidence...

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