State v. Lofton

VAUGHN, Chief Judge.

Defendant contends that the trial court erred in denying his motion for dismissal at the close of the State’s case, there being insufficient evidence to take the case to the jury. We find no error.

Our scope of review on a motion for. dismissal is to determine whether the State produced substantial evidence that the offense charged was committed and that defendant was the perpetrator. State v. McKinney, 288 N.C. 113, 215 S.E. 2d 578 (1975); see State v. Powell, 299 N.C. 95, 261 S.E. 2d 114 (1980). The evidence, whether direct, circumstantial, or both, must be viewed in the…