Legal Opinion

State v. Horner

Supreme Court of North Carolina

Decided May 21, 1958No. 579PublishedCited by 51 opinions

1Opinion of the CourtParker, J.

The State offered evidence. The defendants offered none. Each defendant assigns as error the denial by the court of his motion for judgment of nonsuit made at the close of the State’s evidence.

These motions challenge the sufficiency of the State’s evidence, considered in the light most favorable to the State, and giving to the State the benefit of every reasonable inference fairly to be drawn therefrom, to carry the case to the jury. S. v. Kelly, 243 N.C. 177, 90 S.E. 2d 241.

If there is more than a scintilla of competent evidence to support the *345allegations in the warrant or indictment, it is…

2Cases cited25 opinions

  1. State v. StephensSupreme Court of North Carolina · 1956
  2. State v. . BealSupreme Court of North Carolina · 1930
  3. State v. . JohnsonSupreme Court of North Carolina · 1930
  4. State v. MintonSupreme Court of North Carolina · 1952
  5. State v. . DavenportSupreme Court of North Carolina · 1947

20 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. State v. MillerSupreme Court of North Carolina · 1967
  2. State v. BellSupreme Court of North Carolina · 1967
  3. State v. SwaneySupreme Court of North Carolina · 1971
  4. State v. BrutonSupreme Court of North Carolina · 1965
  5. State v. AtkinsonSupreme Court of North Carolina · 1979

46 more not listed; retrieve them via the Exa API.

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