State v. Harris
State v. Harris
Opinion of the Court
The sole question presented is the sufficiency of the evidence to withstand defendant’s motion for judgment as of non-suit. In making this evaluation we are to consider the evidence in the light most favorable to the State, which is entitled to the benefit of every reasonable inference to be drawn from the evidence with all contradictions and discrepancies resolved in favor of the State. State v. Vestal, 278 N.C. 561, 180 S.E. 2d 755; State v. Washington, 17 N.C. App. 569, 195 S.E. 2d 1.
Viewed in light of this standard, the State’s evidence tended to show the following. Samuel Lee Wilson testified that on 2 March 1971 he and defendant were awaiting the appropriate time and opportunity to present itself “to pull a job. . . .” They
Defendant argues that there is no evidence that he actually took the money and that was no evidence of ownership of the money. The evidence gives rise to a reasonable inference that defendant went behind the counter and took the money while his confederate distracted the person whose job it was to serve customers. In addition, a reasonable inference to be drawn from the evidence is that the money taken from behind the counter of C. B. Owens’ Grocery was that of C. B. Owens and was in the custody of Mrs. Owens, the lady from whom Wilson made his purchase.
Giving the State the benefit of every reasonable inference to be drawn from the evidence, we hold that the evidence was sufficient to go to the jury on the question of defendant’s guilt.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.