State v. Faust

Defendant assigns as error the refusal of the trial court to sustain his motion “for judgment as of nonsuit upon the charge of murder in the first degree.” Defendant contends that evidence of premeditation and deliberation is lacking and that the evidence adduced at the trial did not justify a submission of the case to the jury on the charge of first degree murder.

Upon a motion for nonsuit in a criminal prosecution, the evidence must be considered in the light most favorable to the State, and the State is entitled to the benefit of every reasonable inference which may fairly be drawn from the…