State v. Everhart

MOORE, Justice.

Defendant assigns as error the overruling of her motion to dismiss at the close of all the evidence. As used in G.S. 15-173, there is no difference in legal significance between a “motion to dismiss” and a motion “for judgment as in case of nonsuit.” See State v. Cooper, 275 N.C. 283, 167 S.E. 2d 266 (1969). The rule to be applied when considering whether the State has introduced sufficient evidence to withstand a motion for nonsuit is well settled in this jurisdiction. A motion for nonsuit is properly denied when there is any evidence, whether introduced by the State or…