State v. Sluka

LEWIS, Judge.

Defendants first assign as error the denial of their motions to dismiss made at the close of the evidence. The question for the trial court upon a motion to dismiss is whether there is substantial evidence of each essential element of the offense charged and of the defendant’s being the perpetrator of the offense. State v. Malloy, 309 N.C. 176, 305 S.E.2d 718 (1983); State v. Earnhardt, 307 N.C. 62, 296 S.E.2d 649 (1982). If such evidence has been presented, the motion is properly denied. Earnhardt, 307 N.C. at 62, 296 S.E.2d at 652. In determining the sufficiency of the evidence…