State v. Agnew

MARTIN, Judge.

Defendant contends that the trial court committed error when it failed to grant defendant’s motions to dismiss in each of the three cases at the conclusion of all the evidence. We agree with defendant and hold that the evidence was insufficient to survive the motions.

Defendant’s motions to dismiss, made at the close of all the evidence, draw into question the sufficiency of all the evidence to go to the jury. See State v. Hitt, 25 N.C. App. 216, 212 S.E. 2d 540 (1975).

Our Supreme Court has stated that:

“There must be substantial evidence of all material elements of the offense…