Legal Opinion

State v. Flannery

Court of Appeals of North Carolina

Decided December 15, 1976No. 7615SC433PublishedCited by 15 opinions

1Opinion of the Court

MORRIS, Judge..In his first, third, fifth and seventh assignments of error, defendant contends that the trial court erred in denying his motions for judgment as of nonsuit and directed verdict as to the speeding charge, on the grounds that there was insufficient evidence for the case to be submitted to the jury. We disagree.

In considering these assignments of error we are guided by the oft-stated principle that in a motion to dismiss as of nonsuit, the evidence must be taken in the light most favorable to the State. The State is entitled to every reasonable intendment and every reasonable…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. State v. McKinneySupreme Court of North Carolina · 1975
  4. State v. McNeilSupreme Court of North Carolina · 1971
  5. State v. PruittSupreme Court of North Carolina · 1975

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3Cited by15 opinions

  1. State v. NevilleSouth Dakota Supreme Court · 1984
  2. State v. AlbrightCourt of Appeals of Wisconsin · 1980
  3. State v. CormierSupreme Court of New Hampshire · 1985
  4. North Carolina State Bar v. DuMontCourt of Appeals of North Carolina · 1981
  5. State v. BarberCourt of Appeals of North Carolina · 1989

10 more not listed; retrieve them via the Exa API.

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