State v. Bates

BRANCH, Chief Justice.

Defendant first contends the trial court erred in denying his motion to dismiss the armed robbery charge for insufficiency of the evidence.

On a motion to dismiss on the ground of insufficiency of the evidence, the question for the court is whether there is substantial evidence of each element of the crime charged and of the defendant’s perpetration of such crime. State v. Riddle, 300 N.C. 744, 268 S.E. 2d 80 (1980). “The substantial evidence test requires that the evidence must be existing and real, not just seeming and imaginary.” State v. Irwin, 304 N.C. 93, 97-98, 282…