State v. Woods

HEDRICK, Chief Judge.

This case is before this Court on appeal from defendant’s second trial; defendant was granted a new trial by our Supreme Court in State v. Woods, 311 N.C. 80, 316 S.E. 2d 229 (1984).

*624On this appeal, defendant first assigns error to the trial court’s denial of his motion to dismiss.

At trial the State presented evidence tending to show the following: Stephen Douglas Dunn was working at a service station in Candor, North Carolina on 22 November 1981. At approximately 9:00 p.m. a masked man, carrying a gun, entered the store and demanded the money from the cash register. A…