State v. . Tomlinson
This text of 137 S.E. 925 (State v. . Tomlinson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant relies chiefly, upon his exception to the refusal of the court to grant his motion for judgment as of nonsuit, duly made under O. S., 4643, first at the close of the State’s evidence and renewed at the close of all the evidence.
*839 Prom a careful perusal of the record, viewing the evidence in its most favorable light for the prosecution, the accepted position on a motion of this kind, we are convinced that the case was properly submitted to the jury. No benefit would be derived from detailing the testimony of the several witnesses, as the principal question before us is whether it is sufficient to carry the case to the jury, and we think it is.
The exceptions relating to the admission and exclusion of evidence and those addressed to portions of the charge must all be resolved in favor of the validity of the trial.
The verdict and judgment will be upheld.
No error.
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Cite This Page — Counsel Stack
137 S.E. 925, 193 N.C. 838, 1927 N.C. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tomlinson-nc-1927.