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STATE v. CHURCH

No. 7924SC469.

258 S.E.2d 812 (1979)

43 N.C. App. 365

STATE of North Carolina v. Hubert CHURCH.

Court of Appeals of North Carolina.

October 16, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. Norma S. Harrell and Douglas A. Johnston, Raleigh, for the State.

Huff & Huff by Joseph B. Huff and Stephen E. Huff, Marshall, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the court erred in denying his motion to dismiss, made at the close of the State's evidence and renewed at the close of defendant's evidence as required by G.S. 15-173. The test on such a motion is whether sufficient evidence has been presented to support a finding by the jury that defendant committed an offense with which he is charged. See State v. Hunt, 289 N.C. 403,

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