State v. Avery

VAUGHN, Judge.

Defendant first contends that it was error for the trial court to deny the motions for nonsuit or dismissal. We do not agree. There was sufficient evidence to take the case to the jury.

On a motion for nonsuit or dismissal, the court must determine whether there is substantial evidence of all the material elements of the offense charged. State v. Stephens, 244 N.C. 380, 93 S.E. 2d 431 (1956); State v. Smith 40 N.C. App. 72, 252 S.E. 2d 535 (1979). In other words, there must be sufficient evidence to support a finding that the crime charged was committed and that the defendant…