State v. Cannada

JOHNSON, Judge.

The facts of this case are reported at State v. Cannada, 114 N.C. App. 552, 442 S.E.2d 344 (1994), rev’d, 340 N.C. 101, 455 S.E.2d 158 (1995). In Cannada, defendant Phillip Manning Cannada was found guilty of the second-degree murder of Teresa Gilmore. Ms. Gilmore’s body was found in the two-story home which she shared with defendant, her boyfriend, in Durham, North Carolina.

Our Court held that the State failed to prove by substantial evidence that the trial court erred by failing to dismiss the case at the close of the evidence because the evidence was insufficient as a matter…