State v. Miller

HUSKINS, Justice.

Defendant’s sole assignment of error rests on his contention that the trial court erred in denying his motion for non-suit on the breaking and entering count and the Court of Appeals erred in upholding that ruling. He challenges only the sufficiency — not the competency — of the evidence to withstand his motion for nonsuit and carry the case to the jury.

Motion to nonsuit requires the trial court to consider the evidence in the light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference to be drawn therefrom. State v. Cook,…