STATE v. DAVIS

No. 26.

271 S.E.2d 263 (1980)

STATE of North Carolina v. James Benjamin DAVIS, Jr.

Supreme Court of North Carolina.

November 4, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen, Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the state.

Jay D. Hockenbury, Wilmington, for defendant-appellant.


BRITT, Justice.

Defendant first assigns as error the failure of the trial court to grant his motion for dismissal on the ground of insufficient evidence. We find no merit in this assignment.

The evidence presented by the state tended to show:

At approximately 11:00 p. m. on 13 September 1979, a black man, subsequently identified as Howard Cheers, entered a convenience store called the Country Store located on Highway 421 south of Wilmington, N.C. Cheers...

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