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STATE v. MASSEY

No. 8513SC22.

334 S.E.2d 71 (1985)

STATE of North Carolina v. Rachel Britt MASSEY v. Vera Mae LONG.

Court of Appeals of North Carolina.

September 17, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen., Gayl M. Manthei, Raleigh, for the State.

Appellate Defender Adam Stein by First Asst. Appellate Defender Malcolm Ray Hunter, Jr., Hargett, for defendant Massey.

Junius B. Lee, III and Fred C. Meekins, Jr., Whiteville, for defendant Long.

WELLS, Judge.

Each defendant has assigned error to the trial court's failure to grant their motion to dismiss for insufficiency of the evidence. We agree with defendants and reverse.

A criminal conspiracy is an agreement between two or more persons to do an unlawful act or do a lawful act in an unlawful way or by unlawful means. State v. LeDuc, 306 N.C. 62, 291 S.E.2d 607 (1982). In order for a defendant to be found...

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