State v. Qualls

Judge Greene

dissenting.

I disagree with the majority’s holding that the evidence is sufficient to support submission to the jury of the felonious child abuse charge and the second-degree murder charge. Otherwise, I agree with the majority.

In ruling on a motion to dismiss, the trial court is “to consider the evidence in the light most favorable to the State,” State v. Earnhardt, 307 N.C. 62, 67, 296 S.E.2d 649, 652-53 (1982) (citing State v. McKinney, 288 N.C. 113, 117, 215 S.E.2d 578, 581-82 (1975)), and determine “whether there is substantial evidence (a) of each essential element of the…