State v. Smart

ARNOLD, Judge.

Defendant’s first assignment of error is that the trial court improperly denied his motion to dismiss the charge for lack of substantial evidence. Of course when considering a motion to dismiss, the trial judge must consider the evidence in the light most favorable to the State, and the evidence must be such that a jury could reasonably find the essential elements of the crime charged beyond a reasonable doubt. State v. Thomas, 65 N.C. App. 539, 309 S.E.2d 564 (1983). Specifically, defendant argues that the State’s case rests on the evidence that defendant’s fingerprint was…