STATE v. FAUST

No. 220.

118 S.E.2d 769 (1961)

254 N.C. 101

STATE v. Mellott FAUST.

Supreme Court of North Carolina.

March 1, 1961.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.

Charles V. Bell, Charlotte, and Peter H. Bell, Plymouth, for defendant.


MOORE, Justice.

Defendant assigns as error the refusal of the trial court to sustain his motion "for judgment as of nonsuit upon the charge of murder in the first degree." Defendant contends that evidence of premeditation and deliberation is lacking and that the evidence adduced at the trial did not justify a submission of the case to the jury on the charge of first degree murder.

Upon a motion for nonsuit in a criminal prosecution, the evidence must be considered...

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