STATE v. UPRIGHT

No. 8419SC205.

323 S.E.2d 479 (1984)

STATE of North Carolina v. Ray Daniel UPRIGHT, Jerome Herman Fink and John Henry Russell.

Court of Appeals of North Carolina.

December 28, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David W. Broome, Jr., Raleigh, for the State.

Donald L. Weinhold, Jr., Salisbury, for defendant-appellant Ray Daniel Upright.

Corriher & Whitley by James A. Corriher, Salisbury, for defendant-appellant Jerome Herman Fink.

Appellate Defender Adam Stein by Asst. Appellate Defender David W. Dorey, Raleigh, for defendant-appellant John Henry Russell.


WEBB, Judge.

A. Defendant Upright's Appeal

In his first three assignments of error, defendant Upright contends that the trial court erred in denying his motions for dismissal and judgment notwithstanding the verdict because the evidence was insufficient to find that he committed the crime charged beyond a reasonable doubt. Defendant Upright argues that the evidence was wholly circumstantial and that the State's principal witness admitted that he did not...

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