Legal Opinion

State v. Sinclair

Court of Appeals of North Carolina

Decided March 18, 1980No. 797SC809PublishedCited by 6 opinions

1Opinion of the Court

HEDRICK, Judge.

Defendant assigns as error the denial of her motion for judgment as of nonsuit. Such a motion challenges the sufficiency of the State’s evidence for submission to the jury and requires the court to determine whether there is any competent evidence to sustain the allegations of the indictment. State v. Stewart, 292 N.C. 219, 232 S.E. 2d 443 (1977); State v. Murdock, 225 N.C. 224, 34 S.E. 2d 69 (1945). In making that determination, the court must consider the evidence “in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its…

2Cases cited12 opinions

  1. State v. CutlerSupreme Court of North Carolina · 1967
  2. State v. McAllisterSupreme Court of North Carolina · 1975
  3. State v. DickensSupreme Court of North Carolina · 1980
  4. State v. PhillipsSupreme Court of North Carolina · 1962
  5. State v. StewartSupreme Court of North Carolina · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Rowe v. Farmers Ins. Co., Inc.Supreme Court of Missouri · 1985
  2. Rowe v. Farmers Ins. Co., Inc.Supreme Court of Missouri · 1985
  3. State v. McSwainCourt of Appeals of North Carolina · 2021
  4. State v. McSwainCourt of Appeals of North Carolina · 2021
  5. State v. McSwainCourt of Appeals of North Carolina · 2021

1 more not listed; retrieve them via the Exa API.

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