State v. Poucher

HEDRICK, Chief Judge.

Defendant assigns error to the trial court’s denial of his motion to dismiss the charge at the close of all evidence. When there is a motion for dismissal, the trial court must determine whether there is substantial evidence of each essential element of the charged offense, and of the defendant being the person who committed the crime. State v. Massey, 316 N.C. 558, 342 S.E. 2d 811 (1986). If substantial evidence is present, the trial court must deny the motion and submit the issue to the jury for decision. State v. Hyatt, 32 N.C. App. 623, 233 S.E. 2d 649, disc. rev.…