State v. Church

ARNOLD, Judge.

Defendant contends that the court erred in denying his motion to dismiss, made at the close of the State’s evidence and renewed at the close of defendant’s evidence as required by G.S. 15-173. The test on such a motion is whether sufficient evidence has been presented to support a finding by the jury that defendant committed an offense with which he is charged. See State v. Hunt, 289 N.C. 403, 222 S.E. 2d 234, death sentence vacated 429 U.S. 809, 97 S.Ct. 46, 50 L.Ed. 2d 69 (1976). In ruling on the motion the court must consider the evidence in the light most favorable to the…