State v. Vestal

LAKE, Justice.

Denial of Motion for Judgment of Nonsuit

Upon the defendant’s motion for judgment of nonsuit in a criminal action, the question for the court is whether there is substantial evidence of each essential element of the offense charged, or of a lesser offense included therein, and of the defendant’s being the perpetrator of such offense. If so, the motion is properly denied. State v. Rowland, 263 N.C. 353, 139 S.E. 2d 661; State v. Virgil, 263 N.C. 73, 138 S.E. 2d 777; State v. Goins and State v. Martin, 261 N.C. 707, 136 S.E. 2d 97. In making this determination, the evidence must be…