State v. LeDuc

PARKER, Judge.

Defendant assigns error to the denial of his motions for nonsuit, contending the evidence was insufficient to warrant submitting the conspiracy charge against him to the jury. We do not agree.

The manner in which the evidence must be viewed by the court upon the defendant’s motion for judgment of nonsuit in a criminal case was stated by Lake, J., speaking for our Supreme Court in State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755 (1971), as follows:

Upon the defendant’s motion for judgment of nonsuit in a criminal action, the question for the court is whether there is substantial…