State v. Smith

MITCHELL, Judge.

The sole assignment of error presented and argued on appeal by the defendant is directed to the trial court’s denial of his motion to dismiss madé pursuant to G.S. 15A-1227. The defendant contends that the State failed to present sufficient evidence to sustain his conviction and that his motion should have been allowed. In support of this contention, the defendant argues that the State’s evidence failed to show either that a crime was committed or that the defendant committed any criminal act.

A motion for dismissal pursuant to G.S. 15A-1227 tests the sufficiency of the…