STATE v. McMILLIAN

No. 795SC399.

259 S.E.2d 404 (1979)

43 N.C. App. 520

STATE of North Carolina v. Joseph Levon McMILLIAN.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

George H. Sperry and W. Allen Cobb, Jr., Wilmington, for defendant-appellant.


CLARK, Judge.

The question on appeal is whether the evidence was sufficient to establish the identity of the accused as one of the perpetrators of the armed robbery.

It is established that in order to withstand a motion to dismiss where fingerprints of an accused are found at the scene of the crime, there must be substantial evidence of circumstances from which the jury can find that the fingerprints could have been impressed only at the time the...

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