[DOWNLOAD] "North Carolina V. Sallie" by Court of Appeals of North Carolina # Book PDF Kindle ePub Free

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eBook details

• Title: North Carolina V. Sallie
• Author : Court of Appeals of North Carolina
• Release Date : January 23, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appellant assigns error to the denial of his motions for nonsuit. By introducing evidence, defendant waived his first motion, which was made at the close of the State's evidence. G.S. 15-173; State v. McWilliams, 277 N.C. 680, 178 S.E.2d 476. On this appeal, therefore, we consider only defendant's second motion, made at the close of all the evidence. This brings in question the sufficiency of all the evidence to take the case to the jury. In determining this question, we apply the wellestablished rules that on motion for nonsuit in a criminal case the evidence must be considered in the light most favorable to the State, the State is entitled to every reasonable inference which may legitimately be drawn from the evidence, and defendant's evidence, unless favorable to the State, is not to be considered. However, when not in conflict with the State's evidence, defendant's evidence may be used to explain or clarify the evidence offered by the State. State v. Jones, 280 N.C. 60, 184 S.E.2d 862. "Contradictions and discrepancies, even in the State's evidence, are for the jury to resolve, and do not warrant nonsuit." 2 Strong, N.C. Index 2d, Criminal Law, § 104, p. 649.

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