Legal Opinion · Dissent

State v. Combs

Court of Appeals of North Carolina

Decided April 3, 2007No. COA06-613Published

1DissentElmore, Judge

I respectfully dissent from the majority opinion holding that the State produced sufficient evidence to survive defendant’s motion to dismiss. Because I believe that the evidence was insufficient to convince a rational trier of fact that defendant was guilty of robbery with a dangerous weapon, I would hold that the trial court erred by not allowing defendant’s motion to dismiss the charge of robbery with a dangerous weapon, and would order a new trial for defendant.

“The State concede [s] that defendant herself did not commit the robbery at the Zingo Mart,” and instead argues that she acted in…

2Cases cited4 opinions

  1. State v. BarnesSupreme Court of North Carolina · 1997
  2. State v. MannSupreme Court of North Carolina · 2002
  3. State v. WillisSupreme Court of North Carolina · 1992
  4. State v. SloanCourt of Appeals of North Carolina · 2006

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