State v. Gaston

EeviN, I.

Under the rules regulating practice and procedure in criminal actions, the objection that the evidence is not sufficient to carry the case to the jury or to sustain a verdict against the accused must be raised during the trial by a motion for a compulsory nonsuit under the statute now embodied in G.S. 15-173, or by a prayer for instruction to the jury. S. v. Brady, 177 N.C. 587, 99 S.E. 7; S. v. Holder, 133 N.C. 709, 45 S.E. 862; S. v. Staton, 133 N.C. 642, 45 S.E. 362; S. v. Secrest, 80 N.C. 450. It cannot be raised for the first time after verdict. S. v. Jackson, 190 N.C. 862, 129…