State v. Hudson

VAUGHN, Judge.

Defendant first contends it was error for the trial court to deny his motions for nonsuit and dismissal of the charge of second degree murder. We do not agree.

On a motion for nonsuit, the court must determine whether there is substantial evidence of each material element of the offense charged. Evidence is to be considered in the light most favorable to the State. State v. Avery, 48 N.C. App. 675, 269 S.E. 2d 708 (1980). We conclude that in the present cause there was sufficient evidence for the court to charge the jury on second degree murder.

Murder in the second degree is the…