STATE v. JACKSON

No. 8414SC656.

327 S.E.2d 270 (1985)

STATE of North Carolina v. Walter JACKSON, Jr.

Court of Appeals of North Carolina.

April 2, 1985.


Attorney(s) appearing for the Case

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

Appellate Defender Adam Stein by Asst. Appellate Defender James A. Wynn, Jr., Raleigh, for defendant-appellant.


EAGLES, Judge.

I

Defendant first assigns as error the trial court's denial of his motions to dismiss the charge of assault with a deadly weapon upon a law enforcement officer. We find no error.

It is well settled that upon a motion to dismiss in a criminal action, all the evidence admitted, whether competent or incompetent, must be considered by the trial judge in the light most favorable to the State, giving the State the benefit of every reasonable...

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