State v. Green

At the close of the evidence defendant moved for judgment of nonsuit. G.S. 15-173. The motion was denied and defendant excepted. Defendant contends that this was error and urges reversal of the ruling on two grounds.

Defendant asserts that he was dazed and in a state of shock by reason of the wreck and the State’s evidence that he was intoxicated should be considered nothing more than suspicion or conjecture.

A lay witness testified on direct examination that defendant was “under the influence” of some intoxicants. On cross-examination he stated that “there were a number of things that could…