State v. Ingram

STEELMAN, Judge.

Where the State presented substantial evidence that it was defendant who committed the crime charged, the trial court did not err in denying defendant’s motions to dismiss. In determining whether the State presented substantial evidence, it is not the role of the appellate courts to assess the credibility of witnesses. Where all of the evidence suggested that defendant committed murder with intent, premeditation and *384deliberation, the trial court did not err in declining to instruct the jury on the lesser included offense of second-degree murder.

I. Factual and Procedural…