State v. Simmons

The sole assignment of error presented on this appeal challenges the ruling of the trial court in denying defendant’s motions for judgment as of nonsuit, aptly made, pursuant to the provisions of G-.S. 15-173.

When the sufficiency of the evidence offered on the trial in Superior Court is challenged by motion for judgment as of nonsuit under Gr.S. 15-173, the evidence is to be taken in the light most favorable to the State.

Nevertheless, when the State, as in the case in hand, has introduced in evidence the statement of defendant, the statement is presented as worthy of belief. And when such…