State v. Green

BRANCH, Chief Justice.

The sole question presented by this appeal is whether the Court of Appeals erred in holding that the trial judge erroneously denied defendant’s motion to dismiss both counts of misdemeanor larceny.

We think it necessary to restate the well-established rules governing the sufficiency of the evidence to carry a case to the jury.

When a defendant in a criminal case moves to dismiss or for judgment as of nonsuit, the trial judge must determine whether there is substantial evidence of each element of the offense charged and whether defendant was the perpetrator of the offense.…