STATE v. CUMMINGS

No. 7912SC1106.

265 S.E.2d 923 (1980)

STATE of North Carolina v. John W. CUMMINGS and Willie Mae Ray Cummings.

Court of Appeals of North Carolina.

May 20, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James L. Stuart, Raleigh, for the State.

Malcolm R. Hunter, Jr., Asst. Public Defender, Twelfth Judicial District, Fayetteville, for defendants.


HARRY C. MARTIN, Judge.

Defendants' principal assignment of error is directed to the court's refusal to grant their motions for dismissal at the close of all the evidence. Their argument is centered on the lack of a showing that the assault by defendants was a proximate cause of Melvin's death.

As always, upon a motion to dismiss, we must view the evidence in the light most favorable to the state and allow the state every reasonable inference that may arise...

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