Legal Opinion

State v. Wheeler

Court of Appeals of North Carolina

Decided June 18, 1996No. COA95-773PublishedCited by 3 opinions

1Opinion of the Court

ARNOLD, Chief Judge.

Defendant first assigns error to the trial court’s denial of the defendant’s motion to dismiss the charge of attempted armed robbery where, the evidence was insufficient for a rational trier of fact to find every element of that crime beyond a reasonable doubt. We disagree.

In ruling upon defendant’s motion to dismiss on the grounds of insufficient evidence, the trial court is required to interpret the evidence in the light most favorable to the State, drawing all reasonable inferences in the State’s favor. State v. Fletcher, 301 N.C. 709, 272 S.E.2d 859 (1981). “When a…

2Cases cited15 opinions

  1. State v. SmithSupreme Court of North Carolina · 1980
  2. State v. VauseSupreme Court of North Carolina · 1991
  3. State v. PerrySupreme Court of North Carolina · 1986
  4. State v. BatesSupreme Court of North Carolina · 1983
  5. State v. SmithSupreme Court of North Carolina · 1966

10 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. AshCourt of Appeals of North Carolina · 2008
  2. Cobo v. RabaCourt of Appeals of North Carolina · 1997
  3. Cobo v. RabaCourt of Appeals of North Carolina · 1997

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