State v. Lowery

FRYE, Justice.

The sole issue presented for this Court’s review is whether the trial court erred in denying defendant’s motion to dismiss the charge of first degree murder at the close of all the evidence. The defendant seeks a new trial because of the trial court’s alleged error in submitting first degree murder as a possible verdict to the jury. For the reasons stated in this opinion, we hold that the trial court did not err in denying defendant’s motion to dismiss the first degree murder charge. Therefore, we find no error in the proceedings leading to defendant’s conviction of murder in…