State v. Bartlett

EAGLES, Judge.

Defendant assigns as error the denial by the trial court of his motion to dismiss the charges against him made at the close of the State’s evidence. Defendant was found not guilty of felonious larceny. Denial of the motion with respect to the charge of felonious possession of stolen property is the issue now before the court. Defendant contends that the State’s evidence was insufficient to sustain his conviction and that the charge should not have been submitted to the jury. We agree.

In a motion to dismiss, the question presented is whether the evidence is sufficient to support…