State v. Hamilton

BROCK, Chief Judge.

Defendant contends that the trial court committed error in refusing to allow defendant’s motion as of nonsuit at the conclusion of all the evidence due to the defendant’s testimony concerning self-defense.

On motion to nonsuit the evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable intendment thereon and every reasonable inference therefrom. Contradictions and discrepancies, even in the State’s evidence, are for the jury to resolve and do not warrant nonsuit. Only the evidence favorable to the State is…