STATE v. RIDDLE

No. 7924SC725.

262 S.E.2d 322 (1980)

STATE of North Carolina v. Walter RIDDLE, Robin Smith, and Michael Shane Maida.

Court of Appeals of North Carolina.

February 5, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

Kyle D. Austin, Newland, for defendant-appellant Walter Riddle.

William B. Cocke, Jr., Newland, for defendant-appellant William Smith.

Edwin D. Taylor, Banner Elk, for defendant-appellant Michael Shane Maida.


ROBERT M. MARTIN, Judge.

Defendants Riddle and Maida assign as error the failure of the trial court to grant their motions for dismissal. Defendants contend the State did not introduce sufficient evidence to establish the elements of the crime of riot. Under N.C.Gen.Stat. § 14-288.2(a) the component elements that constitute the crime of riot are as follows:

(1) Public disturbance; (2) Assemblage; (3) Three or more persons; ...

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