State v. Strange

MARTIN (Harry C.), Judge.

The decisive question on this appeal is whether the trial court erred in denying the defendant’s motion to dismiss at the close of all the evidence. Such a motion requires the court to consider all the evidence in the light most favorable to the state. State v. McKinney, 288 N.C. 113, 215 S.E. 2d 578 (1975). In this case the state relies in part upon circumstantial evidence. If, however, there is substantial evidence to support a finding that the offense charged has been committed and that defendant committed it, the motion to dismiss should be denied whether the…