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STATE v. CALLIHAN

No. 7910SC1027.

267 S.E.2d 28 (1980)

47 N.C. App. 360

STATE of North Carolina v. Donald Eugene CALLIHAN.

Court of Appeals of North Carolina.

June 17, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Hatch, Little, Bunn, Jones, Few & Berry by E. Richard Jones, Jr., McDaniel & Heidgerd by C. Diederich Heidgerd, Raleigh, for defendant-appellant.

CLARK, Judge.

Did the trial court err in denying defendant's motion to dismiss?

The test to be applied in determining whether the evidence is sufficient to warrant the submission of the case to the jury is whether a reasonable inference of defendant's guilt may be drawn from the circumstances. State v. Cutler, 271 N.C. 379, 156 S.E.2d 679 (1967); State v. Snead,

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