Legal Opinion

State v. Tate

Court of Appeals of North Carolina

Decided March 19, 1985No. 8415SC442PublishedCited by 1 opinion

1Opinion of the Court

EAGLES, Judge.

We first consider whether the trial court erred when it denied defendant’s motion to dismiss the breaking and entering and larceny charges with regard to Hursey’s Bar-B-Q, 83CRS8529. Defendant contends that the evidence was contradictory and in*576sufficient to go to the jury or to sustain a conviction. We disagree.

Any evidence tending to prove defendant’s guilt or which reasonably and logically leads to that conclusion is for the jury to consider. State v. Smith, 291 N.C. 505, 231 S.E. 2d 663 (1977). Here the State’s evidence, considered in the light most favorable to the State,…

2Cases cited12 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. State v. BarfieldSupreme Court of North Carolina · 1979
  3. State v. SmithSupreme Court of North Carolina · 1977
  4. State v. HunterSupreme Court of North Carolina · 1976
  5. State v. LowerySupreme Court of North Carolina · 1983

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3Cited by1 opinion

  1. State v. DukesCourt of Appeals of North Carolina · 2010

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