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STATE v. OSBORNE

No. 7126SC724.

185 S.E.2d 593 (1972)

13 N.C. App. 420

STATE of North Carolina v. Thomas OSBORNE. STATE of North Carolina, v. Daniel LOWERY, Jr.

Court of Appeals of North Carolina.

January 12, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Claude W. Harris for the State.

W. J. Chandler, Jr., Charlotte, for the defendant appellants.

BRITT, Judge.

Defendants assign as error the denial of their motions to dismiss at the close of all the evidence. In State v. Cutler, 271 N.C. 379, 382, 156 S.E.2d 679, 681 (1967), the court held:

Upon 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 therein...

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