State v. Yellorday

SHARP, Chief Justice.. [1] We consider first defendants’ assignment of error No. 6, that the trial judge erred in denying their motions for judgments as of nonsuit at the close of the State’s evidence. In a criminal case the rule is that, upon a motion to nonsuit, the court must consider the evidence “in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable inference to be drawn from the evidence.” State v. Cutler, 271 N.C. 379, 382, 156 S.E. 2d 679, 681 (1967). Under this rule,…