State v. Tew

PHILLIPS, Judge.

Though the evidence of record certainly points the finger of suspicion at the defendants, it is not sufficient, in our opinion, to justify their conviction of the offense charged, and the case against them must be dismissed. This is because the record, even when favorably viewed for the State, as our law requires on motions to dismiss, State v. Cummings, 301 N.C. 374, 271 S.E. 2d 277 (1980), does not contain substantial evidence of every essential element of the crime charged. State v. Stephens, 244 N.C. 380, 93 S.E. 2d 431 (1956).

The essential elements of the crime that the…