State v. Parker

MORRIS, Chief Judge.

Defendant first assigns error to the trial court’s denial of his motion to dismiss the charges of breaking or entering and larceny. This motion was made at the close of the state’s evidence. We initially point out that even though this motion was not renewed at the close of all the evidence, G.S. 15A-1446(d)(5) requires that the sufficiency of the evidence be considered on appeal. We further note that no prejudicial error could have been committed by the court’s denial of the defendant’s motion to dismiss the breaking or entering charges, because defendant was acquitted of…