STATE v. SMITH

No. 7813SC721.

252 S.E.2d 535 (1979)

40 N.C. App. 72

STATE of North Carolina v. Raphael SMITH.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen. T. Buie Costen, Raleigh, for the State.

Ray H. Walton, Southport, for defendant appellant.


MITCHELL, Judge.

The sole assignment of error presented and argued on appeal by the defendant is directed to the trial court's denial of his motion to dismiss made pursuant to G.S. 15A-1227. The defendant contends that the State failed to present sufficient evidence to sustain his conviction and that his motion should have been allowed. In support of this contention, the defendant argues that the State's evidence failed to show either that a crime was committed or...

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