State v. Diggs

Defendant assigns as error the refusal of the court to grant his motion of nonsuit made at the conclusion of the State’s evidence and renewed at the conclusion of all of the evidence. There is no merit in this assignment of error. It is elementary that upon a motion for nonsuit in a criminal case, all the evidence upon the whole record tending to sustain a conviction is to be considered in the light most favorable to the State and the State is entitled to every reasonable inference to be drawn therefrom. State v. Bruton, 264 N.C. 488, 142 S.E. 2d 169. When the evidence in the present case is…