State v. Board

HUSKINS, Justice.

Since we dispose of the case on other grounds, the question of entrapment, vigorously debated in the briefs, is not reached.

For reasons which follow, we hold that defendant’s motion for judgment of nonsuit at the close of all the evidence should have been allowed.

To withstand a motion for nonsuit there must be substantial evidence against the accused of all material elements of the offense. State v. Lee, 294 N.C. 299, 240 S.E. 2d 449 (1978), and cases cited therein; State v. Allred, 279 N.C. 398, 183 S.E. 2d 553 (1971), and cases cited therein. Evidence which is sufficient…