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STATE v. WALKER

No. 670.

145 S.E.2d 833 (1966)

266 N.C. 269

STATE v. Herbert B. WALKER.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

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

E. L. Alston, Jr., Greensboro, for defendant appellant.

BOBBITT, Justice.

In passing on a motion under G.S. § 15-173 for judgment as in case of nonsuit, (1) admitted evidence, whether competent or incompetent, must be considered, State v. Virgil, 263 N.C. 73, 75, 138 S.E.2d 777, and (2) "the evidence is to be considered in the light most favorable to the State, and the State is entitled to the benefit of...

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