State v. Bass

HUSKINS, Justice.

The controlling question on this appeal is whether the trial court erred in overruling defendant’s motion for judgment as of nonsuit. We hold the evidence insufficient to withstand defendant’s motion for nonsuit.

A motion to nonsuit requires the trial court to consider the evidence in the light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference to be drawn therefrom. Regardless of whether the evidence is direct, circumstantial, or both, if there is evidence from which a jury could find the offense charged has been…