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STATE v. DAVIS

No. 805SC153.

269 S.E.2d 291 (1980)

48 N.C. App. 526

STATE of North Carolina v. Sheila DAVIS.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen., Elizabeth C. Bunting and Kaye R. Webb, Raleigh, for the State.

W. G. Smith and Bruce H. Jackson, Jr.; and George H. Sperry, Wilmington, for defendant.

ROBERT M. MARTIN, Judge.

Defendant contends that the trial court erred when it failed to grant defendant's motions to dismiss counts one, two, three, and four of each indictment at the conclusion of all the evidence.

Upon defendant's motion for dismissal, the question for the court is whether there is substantial evidence (1) of each essential element of the offense charged and (2) of defendant being the perpetrator of such offense. State v. Powell,

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