Legal Opinion
State v. Smith
Supreme Court of North Carolina
Decided January 31, 1977No. 157PublishedCited by 103 opinions
1Opinion of the Court
HUSKINS, Justice.
Denial of their motion for judgment of nonsuit constitutes defendants’ first assignment of error.
A motion for nonsuit in a criminal case requires the court to consider the evidence in the light most favorable to the State, giving it the benefit of every reasonable inference fairly deducible therefrom. State v. McKinney, 288 N.C. 113, 215 S.E. 2d 578 (1975); State v. Cutler, 271 N.C. 379, 156 S.E. 2d 679 (1967). All the evidence actually admitted, whether competent or incompetent, which is favorable to the State must be considered when ruling on the motion. State v. Walker,…
2Cases cited81 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Swain v. AlabamaSupreme Court of the United States · 1965
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
76 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- State v. BrownSupreme Court of North Carolina · 1982
- State v. AlstonSupreme Court of North Carolina · 1983
- State v. WilsonSupreme Court of North Carolina · 1985
- State v. HardySupreme Court of North Carolina · 1977
- State v. MyersSupreme Court of North Carolina · 1980
98 more not listed; retrieve them via the Exa API.