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STATE v. JERMAN

No. 7026SC406.

177 S.E.2d 327 (1970)

9 N.C. App. 697

STATE of North Carolina v. Cary Worth JERMAN.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. Thomas B. Wood, Raleigh, for the appellee.

W. H. Scarborough, Charlotte, for defendant-appellant.

MORRIS, Judge.

Defendant's first two assignments of error are directed to the denial of his motions for judgment as of nonsuit. Our Supreme Court has said in State v. Cutler, 271 N.C. 379, 156 S.E.2d 679 (1967), that "(u)pon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the court in the light most favorable to the State, all contradictions and discrepancies...

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