STATE v. LYNCH

No. 31.

272 S.E.2d 349 (1980)

STATE of North Carolina v. James Roberts LYNCH.

Supreme Court of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Norma S. Harrell, Associate Atty. Gen., Raleigh, for the State.

Eubanks, Walden & Mackintosh by Bruce A. Mackintosh, Winston-Salem, for defendant appellant.


HUSKINS, Justice:

The question we address upon this appeal is whether the evidence of the crime of bigamy is sufficient to withstand defendant's motion for nonsuit. We hold the evidence insufficient to go to the jury, and defendant's motion for nonsuit should have been granted.

Upon a motion for nonsuit in a criminal action, all of the evidence favorable to the State, whether competent or incompetent, must be considered. Such evidence must be taken as true...

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