State v. . Eubanks

The defendant, at the close of the State’s evidence and at the close of all the evidence, moved to dismiss the action or for judgment of nonsuit. C. S., 4643. The court below denied the motions. This constitutes defendant’s sole exceptions and assignments of error. The only question involved in this appeal: Was there sufficient evidence of defendant’s guilt to be submitted to the jury? We think so.

On motion to dismiss or judgment of nonsuit, the evidence is to be taken in the light most favorable to the State, and it is entitled to the benefit of every reasonable intendment upon the evidence…