State v. Gay

Defendant Gay introduced evidence in his behalf. He thereby waived his motion for judgment of nonsuit made at the close of the State’s evidence. G.S. 15-173. His motion for judgment of nonsuit made at the close of all the evidence challenges the sufficiency of the entire evidence to carry the case to the jury. State v. Norris, 242 N.C. 47, 86 S.E. 2d 916; State v. Pasour, 183 N.C. 793, 111 S.E. 779.

In considering the sufficiency of the entire evidence, only that favorable to the State need be considered. State v. Troutman, 249 N.C. 395, 106 S.E. 2d 569; State v. Ewing, 227 N.C. 535, 42 S.E.…