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STATE v. BASS

No. 35.

278 S.E.2d 209 (1981)

STATE of North Carolina v. Danny Ray BASS.

Supreme Court of North Carolina.

June 2, 1981.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by William W. Melvin, Deputy Atty. Gen., Jane P. Gray, Associate Atty. Gen. and William B. Ray, Asst. Atty. Gen., Raleigh, for State.

Samuel Roberti, Durham, for defendant-appellant.

HUSKINS, Justice:

The controlling question on this appeal is whether the trial court erred in overruling defendant's motion for judgment as of nonsuit. We hold the evidence insufficient to withstand defendant's motion for nonsuit.

A motion to nonsuit requires the trial court to consider the evidence in the light most favorable to the State, take it as true, and give the State the benefit of every reasonable inference...

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