State v. Forney

MEYER, Justice.

Defendant contends that the evidence at trial was insufficient to permit a rational trier of fact to find the defendant guilty of any of the offenses charged. At the close of the State’s evidence, the defendant moved to dismiss the charges against him. His motion was denied. We must therefore consider whether there is substantial evidence (1) of each essential element of the offense chárged, or of a lesser included offense, and (2) of defendant’s being the perpetrator of such offense. The test of whether the evidence is sufficient to withstand a motion to dismiss is whether a…