State v. Plymouth

CARSON, Judge.

The only question presented on appeal is whether the trial judge should have granted the defendant’s motion for nonsuit duly made at the end of the State’s evidence and again at the end of all the evidence. We think the position of the defendant is well taken. The instant case is very similar to the factual situation reported in State v. Fuller, 259 N.C. 111, 130 S.E. 2d 61 (1963). That case also involved a head-on collision which was *264not aggravated by the particular circumstances of the incident other than some evidence that the defendant may have been speeding slightly. While…