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186 N.C. 781

120 S.E 926

State v. Byers

Supreme Court of North Carolina

Decided December 12, 1923

Supreme Court of North Carolina · decided 1923-12-12

Decided 1923-12-12

Pee OubiaM.

¶1Defendant relies chiefly upon bis demurrer to tbe evidence and motion for dismissal, or for judgment as of nonsuit under C. S., 4643. Viewing tbe evidence in tbe light most favorable to tbe State, tbe accepted position on a motion of tbis kind (S. v. Rountree, 181 N. C., 535), we tbink tbe trial court was justified in submitting tbe case to tbe jury, and tbat tbe verdict is fully supported by tbe evidence.

¶2No benefit would be derived from detailing tbe testimony of tbe several witnesses, as tbe only question before us is wbetber it is sufficient to carry tbe case to tbe jury, and we tbink it is.

¶3No error.

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