State v. Roseman

LAKE, Justice.

The defendant’s Assignments of Error 5 and 6 are to the failure of the court to grant his motion for judgment of nonsuit. Upon such a motion, all admitted evidence favorable to the State, whether competent or incompetent, must be considered and must be deemed true. State v. Cutler, 271 N.C. 379, 156 S.E. 2d 679; State v. Stallings, 267 N.C. 405, 148 S.E. 2d 252; State v. Virgil, 263 N.C. 73, 138 S.E. 2d 777. The question for the court is whether there is substantial evidence to support a finding both that an offense charged in the bill of indictment has been committed and that…