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STATE v. JONES

No. 8416SC903.

331 S.E.2d 226 (1985)

STATE of North Carolina v. Emanuel Willie JONES.

Court of Appeals of North Carolina.

Petition Denied July 23, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Tiare B. Smiley, Raleigh, for the State.

Appellate Defender Adam Stein by First Asst. Appellate Defender Malcolm Ray Hunter, Jr., Raleigh, for defendant-appellant.

PHILLIPS, Judge.

Defendant first contends that the trial court erred in denying his motion to dismiss the charge of second degree murder because the evidence was insufficient for a rational trier of fact to find beyond a reasonable doubt that he was guilty. Specifically, he contends that his statement to the deputy sheriff, introduced into evidence by the State, exculpated him under State v. Tolbert, 240 N.C. 445,

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