State v. Benton

260 S.E.2d 917 (1980)

299 N.C. 16

STATE of North Carolina

v.

Leroy BENTON, Jr.

No. 87.

Supreme Court of North Carolina.

January 8, 1980.

Rufus L. Edmisten, Atty. Gen. by Richard L. Kucharski, Associate Atty., Raleigh, for the State.

Hutchins, Tyndall, Bell, Davis & Pitt by Fred S. Hutchins, Jr., and Richard D. Ramsey, Winston-Salem, for defendant-appellant.

BRANCH, Chief Justice.

Defendant first contends that the trial court erred in denying defendant's motion for judgment as of nonsuit made at the close of the State's evidence and at the close of all the evidence. Defendant contends that all of the…