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STATE v. CURRY

No. 37.

220 S.E.2d 545 (1975)

288 N.C. 660

STATE of North Carolina v. Roger Dale CURRY et al.

Supreme Court of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Robert W. Kaylor, Raleigh, for the State.

Eubanks, Villegas & Reavis by Larry L. Eubanks and Samuel J. Villegas, Winston-Salem, for defendant Curry.

Michael G. Plumides, Charlotte, for defendants Gunter, R. Johnson, A. Johnson and Bowles.

James E. Walker, Charlotte, for defendant Bowles.

Jerry W. Whitley, Charlotte, for defendant Stevens.

LAKE, Justice.

There was obviously no error in the denial of the defendants' motions to dismiss the charges of first degree burglary and robbery with a firearm. It is elementary that in the consideration of such a motion the court must treat the evidence favorable to the State as true, view it in the light most favorable to the State and give the State the benefit of every inference in its favor reasonably to be drawn therefrom. State v. Holton,

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