State v. Davis

BRITT, Justice.

Defendant first assigns as error the failure of the trial court to grant his motion for dismissal on the ground of insufficient evidence. We find no merit in this assignment.

The evidence presented by the state tended to show:

At approximately 11:00 p.m. on 13 September 1979, a black man, subsequently identified as Howard Cheers, entered a convenience store called the Country Store located on Highway 421 south of Wilmington, North Carolina. Cheers ponited a .38 caliber blue steel pistol at the clerk, Mark C. Mattox, and demanded money. The clerk gave Cheers approximately $200,…