State v. McConnaughey

EAGLES, Judge.

I

By his first assignment of error, defendant contends that the trial court erred in denying his motion to dismiss the charge of second degree murder. Defendant contends that the evidence does not establish an intent to kill from which the jury could infer the malice necessary to support the charge.

In a motion to dismiss, the question presented is whether the evidence is legally sufficient to support a verdict of guilty on the offense charged, thereby warranting submission of the charge to the jury. State v. Cooper, 275 N.C. 283, 167 S.E. 2d 266 (1969). In order to withstand a…