State v. Jackson, 337
| Decision Date | 03 November 1965 |
| Docket Number | No. 337,337 |
| Citation | 144 S.E.2d 584,265 N.C. 558 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. L. D. JACKSON. |
Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard, for the State.
Braswell & Strickland, Goldsboro, for defendant appellant.
On motion for judgment of nonsuit the evidence must be considered in the light most favorable to the State and contradictions and discrepancies therein do not warrant the granting of the motion. State v. Thompson, 256 N.C. 593, 124 S.E.2d 728; State v. Roop, 255 N.C. 607, 122 S.E.2d 363; State v. Simpson, 244 N.C. 325, 93 S.E.2d 425. There was ample evidence to support a finding of each element of the offense with which the defendant was charged and of which the jury found him guilty. There was no error in overruling the motion for judgment of nonsuit.
The trial court had discretionary power to permit the introduction of additional evidence after both parties had rested and arguments had been made to the jury. State v. Harding, 263 N.C. 799, 140 S.E.2d 244. The limitation of the scope of subsequent arguments to the jury was also in the discretion of the trial court.
We have carefully examined the exceptions to the various rulings of the court upon the admission of evidence and the exceptions to the charge to the jury. We find no merit in any of them.
No error.
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State v. Vick
...he has rested. This is so even after the jury has begun its deliberations. State v. Shutt, 279 N.C. 689, 185 S.E.2d 206; State v. Jackson, 265 N.C. 558, 144 S.E.2d 584; State v. Coffey, 255 N.C. 293, 121 S.E.2d There is nothing in this record to show that defense counsel moved for a continu......
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State v. Howard, 12A87
...417, 425 (1978), and can reopen a case for additional testimony after arguments to the jury have begun. State v. Jackson, 265 N.C. 558, 559, 144 S.E.2d 584, 585 (1965) (per curiam). Also, the manner and presentation of evidence is largely within the discretion of the trial judge and his con......
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State v. Carson
...(1961); State v. Perry, 231 N.C. 467, 57 S.E.2d 774 (1950). This is so even after arguments to the jury have begun. State v. Jackson, 265 N.C. 558, 144 S.E.2d 584 (1965). If defendant had been taken by surprise by the additional evidence, he should have moved for a continuance or a recess i......
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State v. Revelle
...if the additional evidence is testimony from a surprise witness. State v. Carson, 296 N.C. 31, 249 S.E.2d 417 (1978); State v. Jackson, 265 N.C. 558, 144 S.E.2d 584 (1965). In this case, the evidence was admitted after the State rested its case and before defendant presented evidence. Since......