State v. Pate

BROCK, Chief Judge.

The defendant assigns as error the failure of the trial court to allow his motion for judgment of nonsuit.

“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 will be considered, and defendant’s evidence relating to matters of *703defense, or defendant’s evidence in…