State v. Spellman

MARTIN (Harry C.), Judge.

Defendants raise two assignments of error on appeal. The first assignment challenges the denial of defendants’ motions for judgment as of nonsuit at conclusion of all evidence. In the defendants’ second assignment of error, they contend remarks of the trial judge were an expression of opinion on the evidence in contravention of N.C.G.S. 1-180. We find no merit in defendants’ contentions.

To withstand a motion to dismiss, there must be substantial evidence of all material elements of the offense. State v. Furr, 292 N.C. 711, 235 S.E. 2d 193, cert. denied, 434 U.S. 924,…