State v. Kirby

In the first assignment of error brought forward and argued in her brief, defendant contends that the trial court erred in overruling her motion for nonsuit interposed at the close of the State’s evidence and renewed at the close of all the evidence.

It is firmly established in this jurisdiction that upon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the court in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable inference to be…