State v. Barber

PARKER, Judge.

Defendant assigns error to (i) the denial of his motion to dismiss, (ii) the admission of certain evidence, (iii) the denial of his motion for mistrial arising out of the prosecutor’s improper jury argument and (iv) the finding of a grossly aggravating factor which elevated the level of punishment.

As to defendant’s first assignment of error, before denying a defendant’s motion to dismiss, the trial court must ascertain that there is substantial evidence of each essential element of the offense charged. State v. Hutchins, 303 N.C. 321, 344, 279 S.E. 2d 788, 803 (1981). In making…