State v. Cochran

MORRIS, Judge.

Defendant contends that the trial court erred in denying his motion for judgment as of nonsuit as to felonious breaking and entering because there was insufficient evidence of intent to commit larceny. In ruling on a motion to nonsuit the court is to consider evidence in the light most favorable to the State and give the State the benefit of every reasonable inference. State v. Bell, 285 N.C. 746, 208 S.E. 2d 506 (1974). If there is more than a scintilla of competent evidence to support the allegations of the indictment, the court must submit the case to the jury. State v.…