STATE v. RIGGS

No. 823SC1103.

302 S.E.2d 315 (1983)

STATE of North Carolina v. Lenwood RIGGS.

Court of Appeals of North Carolina.

May 3, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., John R.B. Matthis and Asst. Atty. Gen. James C. Gulick, Raleigh, for the State.

Asst. Public Defender William F. Ward, III, New Bern, for defendant-appellant.


HILL, Judge.

Defendant initially argues that the trial judge erred in denying his motion to dismiss at the close of all the evidence. He contends that the State presented insufficient circumstantial evidence to take the case to the jury, particularly when considered with defendant's uncontradictory evidence submitted to explain the State's case. We disagree.

When ruling on defendant's motion for nonsuit, the trial judge must consider all the evidence in the...

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