State v. . Landin

It is not perceived upon what theory the action could be dismissed as against the defendant Landin. S. v. Cope, 204 N. C., 28, 167 S. E., 456. There is not only evidence of his reckless driving but also of his intoxication; and death as a result of the collision is admitted. S. v. Dills, 204 N. C., 33, 167 S. E., 459. This made it a case for the jury so far as Landin is concerned. S. v. Stansell, 203 N. C., 69, 164 S. E., 580.

In passing upon the sufficiency of the evidence, raised by demurrer or motion to nonsuit, the court is required merely to ascertain whether there is any competent…