State v. Smith

SHULER, J.:

Rodney Maurice Smith appeals his conviction for second degree lynching, arguing the trial court erred in failing to direct a verdict. We agree and reverse.

FACTS/PROCEDURAL HISTORY

On September 2, 1998, Carlos Parson and his friend Ebay Moore were on their way to a nearby store in York to buy beer.1 As they approached California Street, where “a lot of young men” were hanging out, Parson noticed a black truck *135pull up and stop. Moore, recognizing Rodney Smith, approached the vehicle. When Parson also approached, Moore introduced Smith, whom Parson did not know, as “Tee Top.”

Parson…