State v. Cooper

The only evidence was that offered by the State. At the conclusion thereof, defendant moved to dismiss. The court overruled the motion. On appeal, defendant assigned as error the court’s ruling and urged reversal thereof. In this connection, see G.S. 15-173 and G.S. 15-173.1.

As used in G.S. 15-173, there is no difference in legal significance between a motion “to dismiss the action” and a motion “for judgment as in case of nonsuit.” The question presented by defendant’s motion to dismiss was whether the evidence was sufficient to warrant its submission to the jury and to support a verdict of…