STATE v. KIRBY

No. 6926SC49.

166 S.E.2d 833 (1969)

4 N.C. App. 380

STATE of North Carolina v. Martha KIRBY.

Court of Appeals of North Carolina.

April 30, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Henry E. Fisher, Charlotte, for defendant appellant.


BRITT, Judge.

In the first assignment of error brought forward and argued in her brief, defendant contends that the trial court erred in overruling her motion for nonsuit interposed at the close of the State's evidence and renewed at the close of all the evidence.

It is firmly established in this jurisdiction that upon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the...

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