State v. Childress

WEBB, Justice.

In her first assignment of error, the defendant contends it was error not to allow her motion to dismiss at the close of the evidence. She bases this argument on the premise that the State did not prove that Robert Vanhoy did not accidentally shoot himself. In this case the State relies on circumstantial evidence for the proof of a part of its case. In evaluating this evidence the State is entitled to every reasonable inference that may be drawn therefrom. State v. Byrd, 309 N.C. 132, 305 S.E. 2d 724 (1983).

In order to survive a motion to dismiss the charge of first degree…