State v. Combs
Court of Appeals of North Carolina
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
- State v. BarnesSupreme Court of North Carolina · 1997
- State v. MannSupreme Court of North Carolina · 2002
- State v. WillisSupreme Court of North Carolina · 1992
- State v. SloanCourt of Appeals of North Carolina · 2006