State v. Hammonds

At the close of the State’s evidence and at the close of all the evidence, the defendant in the court below made motions for judgment to dismiss or nonsuit. C. S., 4643. This motion was addressed solely to the charge of murder in the first degree “or by any kind of willful, deliberate and premeditated killing.” C. S., 4200: The record discloses “at the close of the evidence the defendant admits the killing.”

*75In S. v. Lawrence, 196 N. C., 562 (564) : “On motion to dismiss or judgment of nonsuit, tbe evidence is to be taken in tbe light most favorable to tbe State, and it is entitled to tbe…