STATE v. SHEPARD

No. 825SC841.

300 S.E.2d 268 (1983)

61 N.C. App. 159

STATE of North Carolina v. Lowell Edsell SHEPARD.

Court of Appeals of North Carolina.

March 1, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen., William N. Farrell, Raleigh, for the State.

W.G. Smith and Bruce H. Jackson, Jr., Wilmington, for defendant-appellant.


WHICHARD, Judge.

Defendant contends the court erred in denying his motion to dismiss for insufficiency of the evidence. The State's evidence tended to show the following:

Decedent died from a gunshot wound in the right temple. Several witnesses observed a pistol lying between his feet. A police officer testified that the pistol was loaded but uncocked.

Several witnesses heard a shot from the area where decedent died, though none observed the shooting...

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