Legal Opinion

State v. Holloway

Court of Appeals of North Carolina

Decided December 6, 2016No. COA16-381PublishedCited by 2 opinions

1Opinion of the Court

*769 BRYANT, Judge.

*675 Where the trial court erred in denying defendant's motions to dismiss all charges due to the State's failure to present substantial evidence, and where the trial court erred in instructing the jury on acting in concert, a theory not supported by the evidence, we vacate the judgments of the trial court.

On 22 October 2013, Tommy Turner, a police officer with the Forest City Police Department was on duty and heard a report of a breaking and entering at 305 Hardin Road. Officer Turner drove to the address, joining Officer James Greene who was already on the scene. Officer Greene…

2Cases cited18 opinions

  1. State v. FritschSupreme Court of North Carolina · 2000
  2. State v. SmithCourt of Appeals of North Carolina · 2007
  3. State v. HarveySupreme Court of North Carolina · 1972
  4. State v. BrownSupreme Court of North Carolina · 1984
  5. State v. BarnesSupreme Court of North Carolina · 1993

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3Cited by2 opinions

  1. State v. ChristianCourt of Appeals of North Carolina · 2023
  2. State v. GloverCourt of Appeals of North Carolina · 2019

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