Legal Opinion

State v. Walker

Court of Appeals of North Carolina

Decided October 20, 1976No. 7626SC295PublishedCited by 2 opinions

1Opinion of the Court

MARTIN, Judge.

Defendant contends the court erred in denying his motion for nonsuit at the close of State’s evidence and again at the close *201of all evidence because there was no showing of an unlawful act or criminal negligence by defendant.

It is well settled in this State that upon a motion for a nonsuit in a criminal case

“ . . . the trial judge is required to take the evidence for the State as true, to give to the State the benefit of every reasonable inference to be drawn therefrom and to resolve in the favor of the State all conflicts, if any, therein. (Citations omitted.)” State v.…

2Cases cited2 opinions

  1. State v. EdwardsSupreme Court of North Carolina · 1974
  2. State v. GarrettCourt of Appeals of North Carolina · 1969

3Cited by2 opinions

  1. State v. MitchellCourt of Appeals of North Carolina · 1980
  2. State v. CollinsCourt of Appeals of North Carolina · 1983

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