State v. Massey

WELLS, Judge.

Each defendant has assigned error to the trial court’s failure to grant their motion to dismiss for insufficiency of the evidence. We agree with defendants and reverse.

A criminal conspiracy is an agreement between two or more persons to do an unlawful act or do a lawful act in an unlawful way or by unlawful means. State v. LeDuc, 306 N.C. 62, 291 S.E. 2d 607 (1982). In order for a defendant to be found guilty of a conspiracy, it must be established by competent evidence that the defendant entered into an unlawful confederation for the criminal purposes alleged. Id. While a…