State v. Robinson

MARTIN, Justice.

At the close of the state’s evidence in this case, counsel for the defendant moved to dimiss the charge for insufficiency of the evidence. The defendant has assigned as error the trial judge’s refusal to grant the motion, as well as his subsequent denial of defendant’s motion to set aside the verdict as contrary to the law and the evidence in this case.

There is merit in these arguments.

Considering the testimony favorable to the state and assuming it to be true, State v. Bowman, 232 N.C. 374, 61 S.E. 2d 107 (1950), we find that this evidence is not sufficient to sustain the…