State v. McHenry

ARNOLD, Judge.

Defendant contends the evidence was insufficient to support her conviction under G.S. 90-108(a)(10). We agree. To withstand a motion to dismiss for insufficiency of the evidence, there must be substantial evidence of all material elements of the offense charged. State v. Keyes, 64 N.C. App. 529, 307 S.E. 2d 820 (1983). In ruling on a motion for dismissal, the trial judge must consider the evidence in the light most favorable to the State, and the State is entitled to every reasonable inference to be drawn from the evidence. Id.

General Statute 90-108(a)(10) provides that it shall…