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STATE v. MOSER

No. 114.

240 S.E.2d 631 (1978)

STATE of North Carolina v. Sammy Lee MOSER.

Supreme Court of North Carolina.

February 7, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Charles J. Murray, Asst. Atty. Gen., Raleigh, for the State.

Joe P. McCollum, Jr., Monroe, for appellant.

BRANCH, Justice.

The single question for decision is whether the trial judge erred by denying defendant's motion for judgment as of nonsuit.

The often stated rules governing the sufficiency of the evidence to withstand a motion for judgment as of nonsuit are concisely stated in State v. Price, 280 N.C. 154, 157, 184 S.E.2d 866, 868 (1971), as follows:

In considering a trial...

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