State v. Upright

WEBB, Judge.

A. Defendant Upright’s Appeal

In his first three assignments of error, defendant Upright contends that the trial court erred in denying his motions for dismissal and judgment notwithstanding the verdict because the evidence was insufficient to find that he committed the crime charged beyond a reasonable doubt. Defendant Upright argues that the evidence was wholly circumstantial and that the State’s principal witness admitted that he did not see him shoot Brooks. It is defendant Upright’s position that for these reasons the evidence adduced at trial was insufficient to go to the…