State v. Bean

ERWIN, Judge.

Defendant assigns as error the trial court’s denial of his motion for judgment of nonsuit made at the close of the State’s evidence and renewed after the defendant announced that he would offer no evidence. We agree with defendant that the motion should have been allowed.

Upon motion for judgment of nonsuit, the evidence must be considered in the light most favorable to the State, giving the State the benefit of every reasonable inference to be drawn therefrom. State v. Hunter, 290 N.C. 556, 227 S.E. 2d 535 (1976), cert. denied, 429 U.S. 1093, 51 L.Ed. 2d 539, 97 S.Ct. 1106…