State v. Johnson

At the close of the State’s evidence and at the conclusion of all the evidence, the defendant in the court below made motions for judgment of nonsuit. N. C. Code, 1939 (Michie), sec. 4643. The court overruled these motions and in this we can see no error.

In S. v. Mann, 219 N. C., 212 (214), is the following: “‘In considering a motion to dismiss the action under the statute, we are merely to *775ascertain whether there is any evidence to sustain the indictment; and in deciding the question we must not forget that the State is entitled to the most favorable interpretation of the circumstances and…