STATE v. DEANS

No. 8410SC109.

321 S.E.2d 579 (1984)

STATE of North Carolina v. Mark Ashton DEANS.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Michael Smith, Raleigh, for the State.

DeMent, Askew & Gaskins by Johnny S. Gaskins, Raleigh, for defendant.


WELLS, Judge.

Defendant's single assignment of error is that the trial court erred in denying his motion to dismiss the charge of second degree murder at the close of all evidence. He argues that the evidence established, as a matter of law, perfect self-defense. We disagree and find no error.

The standards of appellate review for a denial of a motion to dismiss are well established. They are:

[W]hether there is substantial evidence (1) of each essential...

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