State v. . Bowser

WiNBOBNE, J.(1) The exceptive assignment principally pressed on tbis appeal is the refusal of the court to allow defendant’s motion for judgment as of nonsuit on the first degree murder charge made in compliance with the statute. C. S., 4643. The motion challenges the sufficiency of the evidence to show premeditation and deliberation beyond a reasonable doubt. S. v. Bittings, 206 N. C., 798, 175 S. E., 299, and cases cited.

It is pertinent, therefore, to refer to principles applicable to the case in hand.

Murder in the first degree is the unlawful killing of a human being with malice and with…