State v. Holton

MOORE, Justice.

Defendant by his first assignment of error contends that the trial court erred in overruling his motion for a directed verdict of not guilty for the reason that the State failed to prove that Buford Ball, the alleged deceased, is actually dead. This contention is based upon the fact that no witness testified that he actually saw the dead body of Ball.

In a criminal case the proper motion to test the sufficiency of the State’s evidence is a motion to dismiss the action or a motion for judgment as in the case of nonsuit. G.S. 15-173. State v. Everette, 284 N.C. 81, 199 S.E. 2d 462…