State v. Lyles

257 S.E.2d 410 (1979)

STATE of North Carolina

v.

Douglas Arthur LYLES and David Jonathan Rose.

No. 68.

Supreme Court of North Carolina.

September 4, 1979.

Rufus L. Edmisten, Atty. Gen. by Elizabeth C. Bunting, Asst. Atty. Gen., Raleigh, for the State.

W. Lunsford Crew, Roanoke Rapids, for defendants-appellants.

EXUM, Justice.

Defendants' principal assignment of error challenges the trial court's denial of their motion to dismiss at the close of the state's evidence. We hold that the evidence was sufficient to go to the jury as to defendant Rose but not as to defendant Lyles. With regard to the…