State v. Brown

MARTIN, Judge.

Defendant assigns error to the denial of his motion to dismiss and to the trial court’s instructions to the jury. For error in the trial court’s instructions to the jury, we must order a new trial.

Defendant first contends that the court erred by denying his motion to dismiss at the close of all the evidence. He argues that there was insufficient evidence to establish that his acts were the proximate cause of Stone’s death.

In ruling on a motion to dismiss, the trial court must determine whether the State has produced substantial evidence of each element of the offense and that…