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STATE v. AVERY

No. 806SC264.

269 S.E.2d 708 (1980)

STATE of North Carolina v. Willie C. AVERY.

Court of Appeals of North Carolina.

September 16, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Claude W. Harris, Raleigh, for the State.

Gillam, Gillam & Smith by Lloyd C. Smith, Jr., Windsor, for defendant-appellant.

VAUGHN, Judge.

Defendant first contends that it was error for the trial court to deny the motions for nonsuit or dismissal. We do not agree. There was sufficient evidence to take the case to the jury.

On a motion for nonsuit or dismissal, the court must determine whether there is substantial evidence of all the material elements of the offense charged. State v. Stephens, 244 N.C. 380, 93 S.E.2d 431

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