State v. Wheeler

WEBB, Justice.

In his first assignment of error, defendant contends the trial court erred in denying his motion to dismiss at the close of all the evidence. Defendant was convicted of first degree murder under the felony murder rule, based on the felony of discharging a firearm into an occupied vehicle. Defendant argues that there was insufficient evidence to convict him of first degree murder because there was insufficient evidence to convict him of the underlying felony of discharging a firearm into an occupied vehicle. N.C.G.S. § 14-34.1 provides, in pertinent part:

Any person who willfully…