STATE v. DAVIS

No. 844SC451.

328 S.E.2d 11 (1985)

STATE of North Carolina v. Herman Leslie DAVIS.

Court of Appeals of North Carolina.

Writ Denied April 26, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Walter M. Smith, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defenders Geoffrey C. Mangum and Lorinzo L. Joyner, Raleigh, for defendant-appellant.


MARTIN, Judge.

The determinative issue on this appeal is whether the trial court erred in overruling defendant's motion for dismissal pursuant to G.S. 15A-1227(a). We conclude that because the State failed to meet its burden to present substantial evidence that defendant committed the murder of Lillian Groves, the motion should have been allowed.

Evidence for the State tended to show the following facts and circumstances. Lillian Groves, who was 65 years old...

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