State v. Jackson

HEDRICK, Judge.

The one question presented on this appeal is whether the court erred in denying the defendant’s timely motions for judgment as of nonsuit. Upon a motion for judgment as of nonsuit the trial court is required to consider the evidence in the light most favorable to the State, take it as true, and consider every reasonable inference arising from the evidence. State v. McClain, 282 N.C. 357, 193 S.E. 2d 108 (1972); State v. McNeil, 280 N.C. 159, 185 S.E. 2d 156 (1971).

The material evidence offered by the State tends to show the following:

During the late evening or early morning of…