State v. Powell

CARLTON, Justice.

The sole question on this appeal is whether the trial court erred in denying defendant’s motion to dismiss at the close of the State’s evidence. We think the trial court ruled properly and find no error in the trial court proceedings on the charges for first degree murder and first degree rape. However, we reverse the trial court’s denial of the motion to dismiss with respect to the charge of robbery with a dangerous weapon.

In testing the sufficiency of the evidence to sustain a conviction, a motion for dismissal pursuant to G.S. 15A-1227 is identical to a motion for judgment…