Legal Opinion

State v. Atlantic Ice & Coal Co.

Supreme Court of North Carolina

Decided November 25, 1936PublishedCited by 34 opinions

1Opinion of the CourtClarkson, J.

Tbe defendant, at the close of the State’s evidence and at the close of all the evidence moved to dismiss the action or for judgment of nonsuit. O. S., 4643. The court below denied the motions, and in this we can see no error. Was there sufficient evidence of defendant’s guilt to be submitted to the jury? We think so.

“On motion to dismiss or judgment of nonsuit, the evidence is to be taken in the light mos^ favorable to the State, and it is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom. ‘An exception to a motion…

2Cases cited25 opinions

  1. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  2. Nash v. United StatesSupreme Court of the United States · 1913
  3. Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
  4. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  5. Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908

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

3Cited by34 opinions

  1. State v. GrundlerSupreme Court of North Carolina · 1959
  2. State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.Supreme Court of North Carolina · 1967
  3. State v. PerrySupreme Court of North Carolina · 1969
  4. Cameron v. New Hanover Memorial Hospital, Inc.Court of Appeals of North Carolina · 1982
  5. State v. LangleyWyoming Supreme Court · 1938

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

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