Legal Opinion

State v. Adams

Court of Appeals of North Carolina

Decided September 18, 1968No. 6821SC280PublishedCited by 12 opinions

1Opinion of the CourtBritt, J.

The defendant assigns as error the failure of the court to sustain his motion for judgment as of nonsuit.

It is well settled in this jurisdiction that in passing upon a motion for judgment as of nonsuit in a criminal prosecution, we must consider the evidence in the light most favorable to the State, and if there is any competent evidence to support the charge contained in the bill of indictment, the case is one for the jury. State v. Kluckhohn, 243 N.C. 306, 90 S.E. 2d 768; State v. Ritter, 239 N.C. 89, 79 S.E. 2d 164. Furthermore, in the consideration of such motion, the State is entitled to…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. State v. . CopeSupreme Court of North Carolina · 1933
  2. State v. . RountreeSupreme Court of North Carolina · 1921
  3. State v. . StansellSupreme Court of North Carolina · 1932
  4. State v. CarterSupreme Court of North Carolina · 1961
  5. State v. . GentrySupreme Court of North Carolina · 1948

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

3Cited by12 opinions

  1. Leeper v. StateWyoming Supreme Court · 1979
  2. State v. GomazWisconsin Supreme Court · 1987
  3. State v. HayesCourt of Appeals of North Carolina · 1988
  4. State v. JonesCourt of Appeals of North Carolina · 1969
  5. State v. ThorntonCourt of Appeals of North Carolina · 1979

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

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