State v. Bush

WHICHARD, Judge.

Defendant contends the court erred in denying his motions to dismiss the armed robbery charge for insufficiency of the evidence and in instructing the jury on that offense. He relies primarily on State v. Holland, 234 N.C. 354, 67 S.E. 2d 272 (1951).

The test applied in Holland was that the evidence “ ‘must be of such a nature and so connected or related as to point unerringly to the defendant’s guilt and to exclude any other reasonable hypothesis.’ ” Holland at 359, 67 S.E. 2d at 275, quoting State v. Harvey, 228 N.C. 62, 64, 44 S.E. 2d 472, 474 (1947). That test no longer…