State v. Shuler

BRANCH, Justice.

Defendant assigns as error the denial of his motion for judgment as of nonsuit.

Pertinent portions of our often stated rule concerning a trial judge’s consideration of a motion for judgment as of non-suit are as follows: The question presented by a motion for judgment as of nonsuit is whether upon consideration of admitted evidence, both competent and incompetent, in the light most favorable to the State, there is substantial evidence to support a jury finding that the offense charged in the bill of indictment has been committed and that the defendant is the person who…