State v. Hoffman

SHARP, Justice.

Defendant brings forward four assignments of error. The first is to the court’s refusal to grant his motion for nonsuit made at the conclusion of the State’s evidence. The rule, succinctly stated by Justice Higgins in State v. Stephens, 244 N.C. 380, 383, 93 S.E. 2d 431, 433 (1956), is as follows:

“Taking the evidence in the light most favorable to the State, if the record here discloses substantial evidence of all material elements constituting the offense for which the accused was tried, then this court must affirm the trial court’s ruling on the motion. The rule for this and…