State v. Morris

VAUGHN, Chief Judge.

In his first Assignment of Error, defendant contends that the trial judge erred in denying defendant’s motion for judgment of nonsuit at the close of the State’s evidence. Defendant argues that there was insufficient evidence of intent to kill to merit submission to the jury on the charge of assault with a deadly weapon with intent to kill. For the reasons set forth below, we find that the judge was correct in denying defendant’s motion and submitting the case to the jury.

When ruling on a motion for judgment of nonsuit, the evidence must be considered in the light most…