State v. Murphy

MARTIN (Harry C.), Judge.

Defendant argues first that the evidence was insufficient to carry the state’s case to the jury and that the trial court erred in denying his motion to dismiss. It is familiar law that upon this motion the court has the duty to consider the evidence in the light most favorable to the state, and give the state the benefit of all reasonable inferences that may be gathered from it. The evidence must be deemed true and discrepancies and contradictions are disregarded. State v. Witherspoon, 293 N.C. 321, 237 S.E. 2d 822 (1977). However, there must be substantial evidence…