State v. Bryant

WiNBORN®, J.

I. For error in the trial in Superior Court, appellant stresses in the main his exception to the overruling of his motion for judgment as of nonsuit aptly renewed at the close of all the evidence. G.S. 15-173.

Such a motion made under the provisions of G.S. 15-173, formerly C.S. 4643, serves, and was intended to serve, the same purpose in criminal prosecutions as is accomplished by G.S. 1-183, formerly C.S. 567, in civil actions. S. v. Fulcher, 184 N.C. 663, 113 S.E. 769. Thus in considering such motion in a criminal prosecution, as in a civil action, the defendant’s evidence,…