State v. . Goodman

When the State had produced its evidence and rested its case, the defendant moved to dismiss the action and for a judgment of nonsuit. C. S., 4643. This motion was refused, and the defendant excepted, introduced no evidence, and upon an adverse verdict appealed to the Supreme Court.

We are constrained to sustain the assignment of error predicated upon his Honor’s refusal of the defendant’s motion to dismiss and for judgment of nonsuit.

The most the State’s evidence tended to prove is that the defendant lived in a house in No. 5 Township of Cabarrus County, that the State’s witnesses, the…