STATE v. McADAMS

No. 8012SC964.

275 S.E.2d 500 (1981)

STATE of North Carolina v. John Patrick McADAMS.

Court of Appeals of North Carolina.

March 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Sarah C. Young, for State.

Asst. Public Defender John G. Britt, Jr., for defendant-appellant.


HILL, Judge.

Defendant brings forward two assignments of error. We consider them in reverse order. Did the trial judge commit reversible error when he denied defendant's motion to dismiss at the close of all the evidence and submitted a charge of involuntary manslaughter to the jury? We hold that he did not.

Upon a motion for nonsuit or a motion to dismiss in a criminal action, all of the evidence favorable to the State, whether competent or incompetent, must...

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