State v. Davis

The most serious question on this appeal is whether or not we should sustain the defendant’s assignments of error based on exceptions duly entered to the refusal of the court below to allow his motion for judgment as of nonsuit interposed at the close of the State’s evidence and renewed at the close of all the evidence.

The indictment upon which the defendant was tried and convicted was based on the provisions of G.S. 14-55, which read as follows: “If any person shall be found armed with any dangerous or offensive weapon, with the intent to break or enter a dwelling, or other building…