State v. Leggett, 1
| Decision Date | 20 September 1961 |
| Docket Number | No. 1,1 |
| Citation | 255 N.C. 358,121 S.E.2d 533 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. Delmus Ward LEGGETT. |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Harry W. McGalliard, for the State.
Edgar J. Gurganus, Williamston, for defendant, appellant.
Defendant offered evidence. Hence, as to defendant's motions for judgment as in case of nonsuit, the only question is whether the court erred in the denial of the motion made by defendant at the close of all the evidence. G.S. § 15-173.
The elements of the crime defined in G.S. § 14-180 and the evidence required to support a conviction therefor are fully stated in State v. Smith, 223 N.C. 199, 25 S.E.2d 619, and cases cited. Here, the prosecutrix testified as to each essential element; and, as to each essential element, there was independent supporting evidence. Hence, defendant's said motion was properly denied.
As to defendant's assignments of error directed to the court's instructions, consideration thereof does not disclose error of such prejudicial nature as to justify a new trial.
We deem it unnecessary and inappropriate to set forth the evidence. Suffice to say, while defendant's testimony, in material respects, was in conflict with that offered by the State, the factual issues were properly submitted to the jury and were resolved by the jury adversely to defendant.
No error.
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State v. Robbins, 3
...only the denial of the motion made at the close of all the evidence, and we must act in light of all the evidence. State v. Leggett, 255 N.C. 358, 121 S.E.2d 533; State v. Norton, 222 N.C. 418, 23 S.E.2d 301; G.S. § Defendant's motion for judgment as of nonsuit presented the question of whe......
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State v. Colson
...judgment of compulsory nonsuit made at the close of all the evidence offered by the State and by himself. G.S. § 15-173; State v. Leggett, 255 N.C. 358, 121 S.E.2d 533. It is familiar learning that on a motion for judgment of compulsory nonsuit the State is entitled to have the evidence con......
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State v. Stinson, 722
...is whether the court erred in the denial of the motion made by defendant at the close of all the evidence. G.S. § 15-173; State v. Leggett, 255 N.C. 358, 121 S.E.2d 533. The State's evidence tends to show that on 12 January 1963 a grocery store owned and operated by R. W. Messer at 223 Trol......
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State v. Meadows, 497
...whether the court erred in the denial of the motion made by defendant at the close of all the evidence. G.S. § 15--173; State v. Leggett, 255 N.C. 358, 121 S.E.2d 533. The State's evidence consists of the testimony of Elree Robinson, Elgee Gray, Ben Stewart, and Eugene F. The testimony of D......