Legal Opinion

State v. . Murphy

Supreme Court of North Carolina

Decided April 11, 1945PublishedCited by 14 opinions

1Opinion of the CourtWinborne, J.

Exception to the refusal of the court to grant motions of defendants aptly made and preserved for judgment of nonsuit, G. S., 15-173, as to the charge of robbery, is well taken, and must be sustained. In considering such motions under provisions of G. S., 15-173, the general rule is that “if there be any evidence to prove the fact in issue, or which reasonably conduces to its conclusion as a fairly logical and legitimate deduction, and not merely such as raises a suspicion or conjecture in regard to it, the case should be submitted to the jury.” But where there is merely a suspicion or…

2Cases cited6 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1930
  2. State v. . TooleSupreme Court of North Carolina · 1890
  3. State v. . BoydSupreme Court of North Carolina · 1943
  4. State v. . GrahamSupreme Court of North Carolina · 1944
  5. State v. . CodySupreme Court of North Carolina · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. HollandSupreme Court of North Carolina · 1951
  2. State v. BarlowSupreme Court of Iowa · 1951
  3. State v. TraskSupreme Judicial Court of Maine · 1966
  4. State v. WilliamsCourt of Appeals of North Carolina · 2009
  5. State v. BraxtonSupreme Court of North Carolina · 1949

9 more not listed; retrieve them via the Exa API.

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