Legal Opinion

State v. . Shipman

Supreme Court of North Carolina

Decided April 6, 1932Published

1Opinion of the CourtOlakksoN, J.

At the close of the State’s evidence, the defendant made motions to dismiss the action or for judgment of nonsuit. C. S., 4643. *524We think the motions should have been granted as to White, Owen and Talley. Was there sufficient evidence as to the guilt of the other defendants to have been submitted to the jury? We think so.

“On motion to dismiss or judgment of nonsuit, the evidence is to be taken in the light most favorable to the State, and it is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom. . . . The evidence…

2Cases cited26 opinions

  1. State v. Wilcox.Supreme Court of North Carolina · 1903
  2. State v. . MasseySupreme Court of North Carolina · 1882
  3. State v. . LawrenceSupreme Court of North Carolina · 1929
  4. State v. . BradySupreme Court of North Carolina · 1890
  5. State v. . SmithSupreme Court of North Carolina · 1931

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