State v. Franklin

MORRIS, Judge.

Each defendant has assigned as error the trial judge’s denial of his motions for directed verdict at the close of the State’s evidence and at the close of all the evidence. A motion for a directed verdict of not guilty like the motion of nonsuit challenges the sufficiency of the evidence to go to the jury. State v. Woodlief, 2 N.C. App. 495, 163 S.E. 2d 407 (1968). Also it is established in North Carolina that upon a motion for nonsuit in a criminal case, the evidence must be interpreted in the light most favorable to the State, giving the State the benefit of all reasonable…