STATE v. HAWLEY

No. 8111SC368.

283 S.E.2d 387 (1981)

STATE of North Carolina v. Arthur HAWLEY, Jr., John David Lee, Jr., Franklin Eugene Cook.

Court of Appeals of North Carolina.

October 20, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Marilyn R. Rich, Raleigh, for the State.

L. Randolph Doffermyre, III, Dunn, for defendant-appellant Hawley.

O. Henry Willis, Jr., Dunn, for defendant-appellant Lee.

Samuel S. Stephenson, Angier, for defendant-appellant Cook.


HEDRICK, Judge.

Defendants assign as error the court's failure to grant their timely motions for judgment as of nonsuit and for "judgment notwithstanding the verdict." In ruling upon a defendant's motion to dismiss or for judgment as in the case of nonsuit, the trial court is limited solely to the function of determining whether a reasonable inference of the defendant's guilt of the crime may be drawn from the evidence. State v. Smith,

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