State v. Hart

HILL, Judge.

Defendant first assigns as error the trial court’s refusal to allow his motion to dismiss. Defendant asserts that all of the State’s evidence was exculpatory, and for that reason the motion *482to dismiss should have been allowed. See State v. Johnson, 261 N.C. 727, 136 S.E. 2d 84 (1964). We agree with defendant’s analysis of Johnson, but find the facts in this case distinguishable.

Officer Villalobos testified that defendant exclaimed to him that he had shot and killed his wife; that he removed a .32 caliber pistol from defendant’s hand; that the bed in the room where the victim was…