State v. . MacKlin

The defendant bases his appeal from the judgment pronounced upon two assignments of error, one to the court’s refusal to allow defendant’s 'motion for judgment of nonsuit, and the other to the court’s action in permitting the State to offer in evidence as an exhibit the shotgun with which the State contended the deceased was slain.

The motion for judgment of nonsuit invokes the rule laid down in S. v. Beal, 199 N. C., 278, and other cases, that the evidence must be-considered in its most favorable light for the State. Succinctly stated, the evidence disclosed that about 3 :00 a.m., 16…