STATE v. MILLER

No. 52.

220 S.E.2d 572 (1975)

289 N.C. 1

STATE of North Carolina v. Donald E. MILLER.

Supreme Court of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

James Oliver Carter of Carter & Carter, Wilmington, for defendant-appellant.

Rufus L. Edmisten, Atty. Gen., Archie W. Anders, Associate Atty., Raleigh, for the State.


HUSKINS, Justice:

Defendant's sole assignment of error rests on his contention that the trial court erred in denying his motion for nonsuit on the breaking and entering count and the Court of Appeals erred in upholding that ruling. He challenges only the sufficiency—not the competency—of the evidence to withstand his motion for nonsuit and carry the case to the jury.

Motion to nonsuit requires the trial court to consider the evidence in the light...

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