State v. . Gordon

The question for determination on tbiis appeal is whether the defendant’s motion for judgment as of nonsuit should have been sustained as to both counts in the warrant.

It is well settled with us that in passing upon a motion for judgment as of nonsuit in criminal prosecutions, the evidence must be considered in the light most favorable to the State, and when so considered the Court must determine whether or not there is any competent evidence to support the allegations in the warrant or bill of indictment. S. v. Herndon, 223 N. C., 208, 25 S. E. (2d), 611; S. v. McKinnon, 223 N. C., 160, 25…