State v. Simpson

These facts are undisputed. The death weapon was McNair’s .22-caliber pistol. It fired twice. Two bullets lodged in Danzy’s body. McNair had the pistol when it fired the first time.

These questions arise: Did defendant have the pistol when it fired the second time? If so, under what circumstances did it fire? Which shot, the first or the second, caused Danzy’s death?

Defendant demurred to the evidence and moved for judgment as of nonsuit. G.S. 15-173. On such demurrer and motion, the evidence must be considered in the light most favorable to the State. Contradictions and discrepancies in the…