State v. . Stephenson

Defendant, in the main, stresses for error, and properly so, the refusal of the court: (1) to grant his motions under C. S., 4643, for judgment of nonsuit on the first count; and (2) to set aside the verdict for that the complaint in civil action and synopsis of argument of counsel, who was prosecuting the case on behalf of the State, were handed to and taken by the jury to its room upon retiring to deliberate upon the case.

1. In considering motion for judgment of nonsuit under C. S., 4643, the general rule as stated in S. v. Johnson, 199 N. C., 429, 154 S. E., 730, and in numerous other…