State v. Cummings

HUSKINS, Justice.

Failure of the court to nonsuit constitutes each defendant’s first assignment of error.

A motion to nonsuit requires the trial court to consider the evidence in its light most favorable to the State, take it as true and give the State the benefit of every reasonable inference to be drawn therefrom. State v. Goines, 273 N.C. 509, 160 S.E. 2d 469 (1968). Whether the evidence is direct, circumstantial, or both, if there is evidence from which a jury could find that the offense charged has been committed and that defendant committed it, the motion to nonsuit should be overruled.…