State v. Salters

EAGLES, Judge.

Defendant contends that it was error for the court to deny his motion to dismiss as to the charge of felonious breaking or entering. Defendant argues that the evidence was insufficient to support a charge of felonious breaking or entering. Specifically, defendant asserts that the circumstantial evidence presented by the State fails to establish sufficiently the larcenous intent necessary to support the charge.

In a motion to dismiss, the question presented is whether the evidence is legally sufficient to support a verdict of guilty on the offense charged, thereby warranting…