State v. Smith

PARKER, Judge.

The first issue presented on this appeal is whether the trial court erroneously denied defendant’s motion to dismiss based upon the insufficiency of the evidence. In State v. Green, 310 N.C. 466, 312 S.E. 2d 434 (1984), our Supreme Court restated the well established rules governing the sufficiency of the evidence to carry a case to a jury, as follows:

When a defendant in a criminal case moves to dismiss or for judgment as of nonsuit, the trial judge must determine whether there is substantial evidence of each element of the offense charged and whether defendant was the…