State v. Britt

EAGLES, Judge.

Defendant assigns as error the failure of the trial judge to grant his motion to dismiss. Defendant argues the State failed to put forth any evidence to show that he acted with fraudulent intent. After careful review, we agree.

In ruling upon a motion to dismiss, the trial judge must consider the evidence in the light most favorable to the State and giving the State the benefit of every reasonable inference drawn from that evidence. State v. Smith, 40 N.C. App. 72, 252 S.E. 2d 535 (1979). The reviewing court must determine whether there is substantial evidence of each essential…