State v. Corn

COPELAND, Justice.. Defendant presents seven assignments of error for our consideration on appeal. We find merit in defendant’s third assignment and remand the case to the trial court for a new trial.

Defendant assigns as error the trial court’s denial of his motion to dismiss the first degree murder charge. He maintains that the State presented insufficient evidence of premeditation and deliberation to sustain a conviction of first degree murder.

In order for the trial court to submit a charge of first degree murder to the jury, there must have been substantial evidence presented from which a…