State v. Walker

In passing on a motion under G.S. 15-173 for judgment as in case of nonsuit, (1) admitted evidence, whether competent or incompetent, must be considered, S. v. Virgil, 263 N.C. 73, 75, 138 S.E. 2d 777, and (2) “the evidence is to be considered in the light most favorable to the State, and the State is entitled to the benefit of every reasonable intendment thereon and every reasonable inference to be drawn therefrom.” S. v. Corl, 250 N.C. 252, 257, 108 S.E. 2d 608. Considered in the light of these legal principles, the evidence was sufficient to require submission to the jury. Hence, the…